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Q

I am curious about the difference between the offense of insulting a superior officer and the offense of insult.

Legal IntellectualViews8,678

Hello. I am writing because I am curious about the difference between the offense of insulting a superior officer and the offense of insult. When I searched Naver about the offense of insult, the offense of insulting a superior officer also came up. But since both are insult offenses, yet the charges and the levels of punishment differ, I am curious about the difference between the two. Please explain the difference between the two.

insult of a superior officer

A

Answer to Related Inquiry

The offense of insulting a superior officer and the offense of insult differ in their applicable targets and in the requirements for punishment.

First, in terms of applicable targets, the offense of insult can apply to any ordinary person, whereas the offense of insulting a superior officer applies only to superiors within the military.

In other words, the offense of insulting a superior officer is established when insulting words or conduct are directed at a serviceperson's superior.

Next, there is also a difference in terms of publicity.

The ordinary offense of insult can be punished only when the insulting remark is made openly in front of multiple people, but the offense of insulting a superior officer can be punished even without publicity when the insulting remark is made in the presence of the superior.

This reflects the special nature of maintaining military discipline and organizational order.

Finally, there is also a difference in the level of punishment.

The offense of insulting a superior officer may be punished with imprisonment with or without labor for up to two years, whereas the ordinary offense of insult (Article 311 of the Criminal Act) is punishable by imprisonment with or without labor for up to one year, or a fine not exceeding 2 million won.

Therefore, it can be understood that an act of insult directed at a superior within the military is punished more strictly than an ordinary act of insult.

For further details, you may wish to consult with an attorney experienced in military criminal cases.

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