Is the level of punishment for Marine Corps assault higher than for ordinary assault?

If the Marine Corps assault was directed at a superior, it can be punished much more heavily than ordinary assault.

Because the military places great importance on the chain of command and the command system, when violence is used against a superior, the Military Criminal Act, rather than the Criminal Act, applies.

Assault occurring among civilians is subject to the crime of assault under the Criminal Act, for which imprisonment for up to two years, or a fine of up to 5 million won, detention, or a minor fine is possible.

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

Under this provision, assaulting a superior before the enemy (a combat situation) can result in imprisonment for not less than 1 year and not more than 10 years, and even in other situations it can result in imprisonment for up to 5 years, so the level of punishment is higher than for ordinary assault.

However, the actual punishment is in many cases determined by considering together various circumstances, such as the degree of the assault, whether the incident occurred spontaneously, whether there was ongoing conflict, and whether there is a settlement with the victim.

Therefore, not every Marine Corps assault case results in a custodial sentence, but because it is a matter to which the Military Criminal Act applies, it is important to carefully organize the circumstances of the case and the direction of the response.