I am a soldier who engaged in prostitution... will I receive aggravated punishment for a military sex crime under the Military Criminal Act?

Being a soldier does not mean that the Military Criminal Act automatically applies and aggravated punishment is imposed.

You become subject to military sex crime punishment under the Military Criminal Act only for the offenses set out in the Military Criminal Act.

The current Military Criminal Act has no provision specifically punishing the act of prostitution, so even if a soldier engages in prostitution, they are subject not to the Military Criminal Act but to the general Act on the Punishment of Acts of Arranging Sexual Traffic.

Under this Act, a person who engages in prostitution becomes subject to imprisonment for up to 1 year, or a fine of up to 3 million won, minor imprisonment, or a minor fine.

However, in the case of a civilian, such punishment ends the legal responsibility for prostitution, but for a military sex crime, disciplinary issues must also be considered after the punishment.

Prostitution by a soldier constitutes a ground for discipline, and it is a serious offense for which, absent special circumstances, suspension from duty may be imposed, and where there are aggravating grounds, dismissal at most may be imposed.

Therefore, if you have been booked on suspicion of a soldier's prostitution offense, keep in mind that it is advantageous to establish a systematic defense strategy with the help of an attorney experienced in this area.