"Sexual Assault"... False Accusation After Secretly Being Caught in Prostitution by Husband
Suspended Prison Sentence for Woman in Her 40s
In Court: "Committed Crime to Maintain Marriage"
Court Criticizes, "Difficult to Defend Accused"
A woman in her 40s who falsely accused a man of sexual assault after being caught by her husband following consensual prostitution was sentenced to a suspended prison term.
On the 17th, according to the legal community and Yonhap News, the Seoul Central District Court Criminal Division 10 (Presiding Judge Kang Min-ho) sentenced Hwang (41) to 8 months in prison, suspended for 2 years, on charges of false accusation. Additionally, she was ordered to perform 80 hours of community service.
Hwang is accused of filing a false complaint at the Suseo Police Station in Seoul late last year, claiming that Mr. A, who was giving her a massage, suddenly forcibly sexually assaulted her.
It was revealed that Hwang had engaged in prostitution with Mr. A consensually but falsely accused him of sexual violence during the police investigation.
Subsequently, the Seoul Central District Prosecutors' Office Women and Children Crime Investigation Division 2 (Chief Prosecutor Kim Bong-jun) confirmed the false accusation charges through evidence such as app chat logs and text messages, and indicted Hwang without detention on the 5th of last month.
At the first trial, Hwang admitted to the crime and stated that she tried to hide the fact that she had engaged in prostitution after being caught by her husband in order to maintain their marriage.
The court stated, "In cases of false accusation, it is necessary to impose strict punishment because the falsely accused faces the risk of unjust criminal punishment," and criticized, "When sexual crimes are falsely accused, there is a lack of evidence other than the testimonies of the parties involved, making it difficult for the falsely accused to defend themselves, which worsens the nature of the crime."
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However, the court also noted, "The defendant (Hwang) confessed to the crime and the victim does not wish for punishment," and cited as reasons for sentencing mitigation that "there is no prior criminal record and the extent of the damage is not severe."
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