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Q

I am curious about the level of punishment for an indecent act by compulsion by a soldier.

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Hello. I am a soldier in my twenties. I forcibly committed an indecent act against a noncommissioned officer friend I serve with... I did it thinking we had a mutual romantic interest, but apparently my friend did not feel that way, and they reported me,,, Is the level of punishment higher for an indecent act by compulsion by a soldier? I am curious about the level of punishment..

Indecent act by compulsion by a soldier

A

Answer to Related Inquiry

Because a soldier holds a status carrying the duty to protect the nation and its people, a stricter standard is applied to crimes within the military than in the civilian sphere.

An indecent act by compulsion in the civilian sphere can be subject to imprisonment with labor for up to 10 years or a fine of up to 15 million won under the Criminal Act, but an indecent act by compulsion by a soldier is punishable by imprisonment with labor for 1 year or more under Article 92-3 of the Military Criminal Act, and it is prescribed such that only an actual custodial sentence, without a fine, is possible.

In addition, in ordinary indecent-act-by-compulsion cases, a suspension of indictment or leniency is often granted due to a settlement or the victim's intention not to seek punishment, but in sexual crimes within the military, the victim's report itself in most cases contains a strong will to punish, so there are many cases where the victim refuses a settlement or does not want leniency.

Therefore, if you become involved in an indecent-act-by-compulsion-by-a-soldier case, it is very important to promptly prepare a defense strategy early on with the help of a legal expert, through the possibility of communication with the victim, whether there is a prior settlement, and securing evidentiary materials on the circumstances of the incident.

For details, we recommend that you confirm them through a consultation with a specialized attorney.

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