False Information in Defamation Case Results in Incarceration

Legal System Imposes Harsher Penalties for False Accusations: Woman in Her 30s Imprisoned

A woman in her 30s has been sentenced to a prison term after accusing her biological father of rape when he refused to provide her with financial support, despite previously supporting her education abroad.

As reported by the legal sector on the 1st, the Criminal Division 1 at the Namyangju Branch of the Uijeongbu District Court, under the jurisdiction of Presiding Judge Choi Chi-bong, sentenced the defendant, identified as A, to 10 months of imprisonment for charges including defamation, business interference, and insult.

In this case, a daughter in her 30s was sentenced to a prison term for falsely accusing her father, who had financed her education overseas, of sexual assault as he denied her monetary requests. The article includes an unrelated image. [Image Credit: Pixabay@Engin_Akyurt]

The defendant, A, faced prosecution for making 11 defamatory posts on an online platform between May and June of the previous year under the headline "I am a victim of familial sexual violence. Please examine this," thereby tarnishing her father, B's, reputation.

In these posts, A falsely alleged ongoing sexual abuse by her father since age four, claimed her mother endured domestic and sexual violence, and asserted that the issue was resolved with a 30 million won settlement, calling for harsh penalties.

A also disclosed B's identity and occupational details, reportedly causing operational challenges for his business.


 


Moreover, A was charged with making six posts alleging that B remarried a woman, C, after an alleged affair.

In February 2021, A initiated a legal action against B at the Incheon District Court for damages related to alleged sexual assault but could not substantiate any illegal conduct.

During the criminal proceedings, A maintained the authenticity of her statements, but the court rejected her assertions, referencing the lawsuit's findings and the absence of compelling evidence of habitual sexual assault by B.

Considering A's financial backing from B for her overseas education and her accusation following his refusal of a significant sum for a café venture, the court deemed her allegations false.


The court underscored, "The defendant disseminated inaccurate information about the victims out of discontent over the financial denial. The reputations of the victims have suffered irreparable harm."


In explaining the sentencing decision, the court cited factors including the likelihood of reoffending, given A's continuation of similar posts post-offense, and the victims' earnest call for stringent punishment, all of which were thoroughly evaluated.