Met via dating app, had sex at hotel
Man cuts contact, demands 1 million won, then falsely accuses
A woman in her 20s who was falsely accused of being sexually assaulted after consensual sex with a man she met through a dating app was sentenced to a fine again in the appellate court.
The Busan District Court Criminal Appeals Division 3-2 (Chief Judge Lee So-yeon) sentenced Ms. A, a woman in her 20s charged with attempted extortion and false accusation, to a fine of 7 million won, the same as the original sentence, according to Yonhap News on the 8th.
Ms. A met Mr. B, a man in his 30s, through a dating app on September 10, 2022, and after meeting, they stayed at a hotel in Haeundae, Busan, where they had consensual sex. Afterwards, Mr. B left saying he would take care of some business and return, but he did not respond to Ms. A’s messages and refused her request to extend the hotel stay. In response, Ms. A sent Mr. B a text message threatening to report him for sexual assault unless he paid her 1 million won. When Mr. B did not comply, Ms. A filed a complaint at the police station claiming, "I was sexually assaulted despite expressing refusal," and asked for the perpetrator to be severely punished.
"Paid the victim 30 million won to settle"
The appellate court pointed out, "False accusation is a serious crime that risks unjust punishment for the victim, so the culpability is heavy." Regarding the sentencing, the court explained, "However, considering that the defendant paid 30 million won to the victim to settle, that the extortion was only attempted, and that the sexual assault complaint was withdrawn."
Meanwhile, there was a recent case where a woman in her 30s who consensually had sex with someone she was drinking with but reported sexual assault to the police was given a suspended prison sentence. On the 27th of last month, the Cheonan Branch of the Daejeon District Court Criminal Division 4 (Chief Judge Kim Byung-hee) sentenced Ms. C (34, female), who was indicted without detention for false accusation, to 10 months in prison with a 2-year suspension. The court also ordered Ms. C to perform 160 hours of community service.
Ms. C was tried on charges of reporting to the police that she was sexually assaulted after consensual sex with a man she was drinking with in Asan, Chungnam, in June of last year. During the police investigation, she stated that she had unwanted sex, but in court, she claimed, "Due to dissociative amnesia, I did not remember the situation at the time and only testified that I was sexually assaulted while I was asleep, without intent." However, the court rejected Ms. C’s claim, stating, "Even if she did not properly remember the situation at the time, since she testified to the investigation authorities that she was sexually assaulted, it is considered that she had at least indirect intent to falsely accuse." The court further pointed out, "False accusation is a serious crime that puts the victim at risk of unjust criminal punishment and is not a light responsibility."
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