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Q

Are there cases where the Military Criminal Act applies to non-military persons as well?

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Hello, military specialist attorney. I'm writing because my son is being investigated for assaulting a sentinel during his military service. We don't know the exact situation yet, but apparently he assaulted a sentinel... What exactly is sentinel assault, and what is the punishment level? I'm so worried about my son I can't even sleep...

military criminal act

military criminal act violation

civilian military criminal act

A

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You asked about the application of the Military Criminal Act. According to the Military Criminal Act, military civilian employees and military academy students with military registration are also punished under the Military Criminal Act.

In the case of reservists, if an incident occurs while called up and during service, the Military Criminal Act applies in the same way as for active soldiers, and they may be punished.

There are also some provisions in the Military Criminal Act where, depending on the matter, civilians who are not soldiers are also subject to application.

Representative examples include punishments related to espionage, destruction of military property, and supply of harmful food.

Unlike general law, the Military Criminal Act is more strictly punished due to the nature of an organization handling national secrets.

Therefore, even if the same crime is committed, there is a difference between the sentencing received by ordinary persons and the sentencing received under the Military Criminal Act.

If criminal law and the Military Criminal Act apply simultaneously, the Military Criminal Act applies under the principle of priority of special laws, resulting in heavier punishment.

In addition, criminal records remain the same as in general criminal punishment, and military police investigate and military prosecutors directly decide whether to indict, so caution is needed.

If you are involved in the Military Criminal Act, it is important to consult with a military specialist attorney and establish a Military Criminal Act punishment defense strategy.

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