Is the punishment for Marine Corps assault higher than for general assault?

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Marine Corps assault

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作者: 박동일

If Marine Corps assault is targeted at a superior, it can be punished much more severely than general assault.

Since the chain of command and command structure are very important in the military, when violence is exercised against a superior, the Military Criminal Act applies rather than the Criminal Act.

For assault that occurs in civilian life, the assault crime under the Criminal Act applies and punishment of up to 2 years of imprisonment or a fine of up to 5 million won, detention, or minor fines is possible.

However, if you assaulted a superior during military service, Article 48 (Assault on Superior) of the Military Criminal Act may apply.

According to this regulation, if you assault a superior in front of the enemy (combat situation), you can be sentenced to imprisonment of 1 year or more and not more than 10 years, and even in other situations, you can be sentenced to up to 5 years of imprisonment, which has a higher level of punishment than general assault.

However, the actual punishment is often determined by considering various circumstances together, such as the degree of the assault, whether the incident occurred suddenly, whether there was usual conflict, and whether there is a settlement with the victim.

Therefore, not all Marine Corps assault cases result in actual prison sentences, but since it is a matter to which the Military Criminal Act applies, it is important to carefully organize the circumstances of the case and the response direction.