College Student Accused of Defaming Boyfriend in 2nd Year of High School... Court Shows Leniency Citing "Circumstances"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] "Through the reasoning for sentencing, I have explained why a suspended sentence was given for the fine. Now, please live sincerely from now on." (Judge)

The court showed leniency to a university student who was prosecuted late after spreading false information about her boyfriend, claiming she was "forced into sexual relations" when she was in high school.

On the 18th, Judge Kang Hyukseong of the Seoul Central District Court Criminal Division 7 sentenced Ms. A (21, female), who was charged with defamation, to a fine of 1 million won with a one-year suspended sentence.

Ms. A is accused of lying to her friends in the summer of 2017, when she was a second-year high school student, that she was sexually assaulted by her then-boyfriend Mr. B. During this process, she was also investigated for saying things like "He deceived me by saying he used contraception" and "I bought contraceptive pills through illegal proxy purchase and aborted the child".

Article 307, Paragraph 2 of the current Criminal Act stipulates that "Anyone who publicly defames another person by stating false facts shall be punished by imprisonment for up to five years, suspension of qualifications for up to ten years, or a fine of up to 10 million won."

Ms. A admitted to the crime in court. However, she claimed that Mr. B spread rumors first after having sexual relations with her, and later male students from the same school continued sexual objectification of her in group chat rooms and other places. She stated that she acted rashly to protect herself after becoming the target of obscene remarks. She also mentioned that although she apologized in front of Mr. B’s family after strong opposition from his side regarding the spread of false information, Mr. B’s side raised the issue again after three years.

Ms. A’s lawyer appealed in the final argument, saying, "The defendant has apologized again to the victim and is making every effort to reach a settlement," and "Although it was a situation difficult for a female student to endure, she has persevered, entered university, and is living diligently, so we ask for the utmost leniency."

The court found Ms. A guilty but suspended the execution of the fine. In the past, suspended sentences could not be given for fines, but since the amendment of Article 62 of the Criminal Act in 2018, suspended sentences of one to five years can be given for fines of 5 million won or less, considering the motive of the crime and other factors.

The court stated, "The defendant has not been forgiven by the victim but acknowledges and reflects on each offense," and "This case occurred when she was a minor in high school, which is a mitigating circumstance, and she is a first-time offender with no prior criminal record."

This content was produced with the assistance of AI translation services.