False Information Results in Imprisonment for Defamation

Woman in Her 30s Receives Prison Sentence for Inaccurate Rape Allegation; Legal Penalties Increased

A woman in her 30s accused her biological father, who had financially supported her studies abroad, of rape after he declined to provide her with money. She has been sentenced to prison.

As reported by the legal community on the 1st, the Criminal Division 1 of the Namyangju Branch of the Uijeongbu District Court, presided over by Judge Choi Chi-bong, sentenced a woman, identified only as A, to 10 months in prison on charges that include defamation, business obstruction, and insult.

A woman in her 30s has been sentenced to imprisonment after wrongly accusing her supportive father of sexual assault due to financial disputes. This case is illustrated with an unrelated image. [Image credit: Pixabay@Engin_Akyurt]

A stood trial for defaming her biological father, B, by posting 11 times in an online community between May and June of the previous year, under the title "I am a victim of familial sexual violence. Please look at this."

In these posts, she inaccurately alleged, "I have been continually sexually assaulted by my biological father since the age of four, and my mother also endured domestic and sexual abuse," "The issue was resolved with 30 million won in damages," and "Serious punishment is required."

In the process, A disclosed B’s identity and business details, which reportedly led to operational challenges for his business.


 


Additionally, A is accused of making six postings asserting that B had remarried a woman, referred to as C, with whom he allegedly had an extramarital relationship.

In February 2021, A initiated a lawsuit for damages relating to sexual assault against B at the Incheon District Court but did not succeed in presenting evidence of any illegal behavior.

During the criminal proceedings, A maintained that her statements were factual, but the court did not uphold her assertions, referencing the court case outcome. The court noted the absence of specific evidence or circumstances demonstrating habitual sexual assault by B.

Moreover, the court deemed A's accusations to be false, given her prior financial support from B for her overseas education and upon her return, and the timing of her rape allegations following a denied request for significant funds to start a café.


The court stated, "She disseminated false information about the victims due to resentment over being refused financial assistance. The reputations of those affected cannot be completely restored."


In explaining the sentencing decision, the court noted, "The high likelihood of reoffending, as she continues to publish similar statements after the offense, and the strong demand from the victims for stringent penalties against the defendant, were fully considered."