A male dentist surnamed Xiao was accused of sexually harassing a female assistant, but he was dissatisfied and falsely accused the female assistant of stealing money.

(The information is shown in the schematic diagram, the non-news parties in the picture)

Sentenced to seven months without Yike, but was probated to avoid prison

[Reporter Wang Junzhong/Tainan Report] A male dentist surnamed Xiao was accused of sexually harassing a female assistant. He became dissatisfied and falsely accused the female assistant of stealing money. In the case of the crime of false accusation with a seven-year sentence of imprisonment, the judge finally sentenced Xiao Nan to seven months in prison for the crime of false accusation. Lawyer Jiang Xinxian pointed out that the crime of false accusation under Article 169 of the Criminal Law cannot be easily fined.

The male doctor compensated the victim female with 1.1 million yuan, which is one of the criteria for the criminal court judge to consider when sentencing the defendant.

Jiang Xinxian said that according to Article 41 of the Criminal Law, "a person who commits a crime with the heaviest principal punishment of not more than five years of fixed-term imprisonment and is sentenced to not more than six months of fixed-term imprisonment or criminal detention" can only be fined in accordance with the law.

However, the crime of false accusation in Article 169 of the Criminal Law is a crime with the heaviest basic penalty of "imprisonment for less than seven years", and does not meet the requirements for fines.

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However, when committing a felony with a fixed-term imprisonment of more than five years, if the court finally imposes a sentence of imprisonment for less than six months, although it cannot be fined, but in accordance with the provisions of Article 3 of 41 of the Criminal Law, "Subject to a fixed-term imprisonment of less than six months or criminal detention" Those who do not meet the provisions of the Yike fine in the first paragraph may be converted to social labor in accordance with the conversion provisions of the preceding paragraph.” Therefore, you can also choose to apply for easy labor instead of serving a sentence in prison.

The judge in this case sentenced Xiao Nan to seven months' imprisonment for each of the three sexual harassment crimes and seven months' imprisonment for the one false accusation crime.

Jiang Xinxian explained that no matter what crime is committed, as long as it meets the requirements of Article 74 of the Criminal Law, that is, there is no criminal record, no re-offending within five years, and the court sentenced a fixed-term imprisonment of less than two years, the court can decide whether to grant a suspended sentence according to its authority. .