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Deals & Cases

Desertion (military), Theft

Military Criminal Case Assistance Example | Suspended Sentence for a Service Member Involved in Desertion, Theft, and Other Criminal Cases

The client, who faced trial in a military criminal case, was a service member who, being involved in numerous criminal cases including desertion and theft, sought a criminal defense attorney who had handled many military criminal cases.

CONTENTS
  • 1. The Client Involved in a Military Criminal Case
    • - Background of the Involvement in the Criminal Case
  • 2. Strategy for the Defense in the Military Criminal Case
    • - Analysis of the Degree and Outcome of the Offense
    • - Reaching a Settlement With the Victim
    • - Pleas From Family and Acquaintances
  • 3. Result of Assistance in the Military Criminal Case: a Suspended Sentence
  • 4. Level of Punishment in Military Criminal Cases
    • - Standards of Judgment
    • - If You Need the Assistance of a Specialist
    • - Criminal Defense Attorney FAQ

1. The Client Involved in a Military Criminal Case

The client involved in a military criminal case was implicated in several charges and was nearly sentenced to an actual term of imprisonment, but with the prompt assistance of the criminal defense attorney, the client received a suspended sentence and was able to conclude the case.

Background of the Involvement in the Criminal Case

While spending time with his girlfriend during leave, the client was suddenly told that the relationship was over.

Deeply shaken, the client failed to return to his unit the next day, even though he was required to do so, and deserted.

In the course of this, the client stole food worth about 10,000 won from a convenience store and was reported for theft.

Involved in the desertion and theft criminal cases, the client requested assistance from a criminal defense attorney who had handled many military criminal cases, saying, “I would like to receive leniency for the sake of my remaining military service.”

Summary of the Daeryun Law Firm Military Criminal Case

2. Strategy for the Defense in the Military Criminal Case

Summary of the Defense Strategy in the Military Criminal Case

So that the client involved in the military criminal case could receive the maximum leniency, the defense established the following strategy and prepared its response measures.

Analysis of the Degree and Outcome of the Offense

In this military criminal case, the criminal defense attorney carefully reviewed the specific circumstances of the offense at the time and whether the client had any prior record, so that the client could receive the most lenient treatment possible.

After confirming the period of desertion, the attorney determined that the period of absence was a very short one of less than a single day, and that the value of the theft was likewise only a small amount.

In addition, in order to establish that the client had no history whatsoever of criminal punishment or disciplinary action, the attorney gathered and submitted the relevant records, thereby emphasizing that this was a first offense and requesting leniency.

Reaching a Settlement With the Victim

In order to promptly resolve the situation the client was facing, the criminal defense attorney visited the client's parents in person, explained the circumstances of the case, and advised them that recovery of the victim's loss was of the utmost importance.

The attorney then provided substantive assistance so that the client could make full restitution for the loss and convey a sincere apology.

As a result, the convenience store owner accepted the client's sincerity and expressed an intention not to seek punishment.

The criminal defense attorney promptly submitted the letter of non-punishment thus obtained to the relevant authorities, thereby establishing conditions under which the client could receive the most lenient treatment possible.

Pleas From Family and Acquaintances

Finally, in order to establish that the client's family and fellow officers in the military earnestly hoped for leniency, the criminal defense attorney systematically gathered and organized letters of appeal.

Through this, the attorney clearly demonstrated both that the client was determined to serve faithfully for the remainder of his military service, and that those around him viewed this positively and hoped for leniency.

The criminal defense attorney submitted the materials thus obtained to the relevant authorities, thereby establishing substantive grounds for concluding the case on the most favorable terms possible for the client.

3. Result of Assistance in the Military Criminal Case: a Suspended Sentence

Suspended sentence as the result of assistance in the military criminal case

As a result of the assistance provided in the military criminal case, the military court, considering the following circumstances, imposed on the client a suspended sentence.

· The fact that the period of desertion was comparatively short

· The fact that the theft victim does not wish for punishment

· The fact that there was no prior criminal record

4. Level of Punishment in Military Criminal Cases

In this case, the client was involved in a number of criminal matters, including desertion and larceny.

Desertion refers to the act of a service member leaving the unit in which he is serving without permission.

In this regard, where a person who has left a unit or his duties fails to return to the unit or his duties within a reasonable period without justifiable cause, he is subject to the same penalties as in 1. cases involving the presence of the enemy.

Level of Punishment Under Article 30 of the Military Criminal Act (Desertion)

1. In the presence of the enemyDeath, life imprisonment, or imprisonment for at least 10 years
2. In time of war, civil disturbance, or in a martial law areaImprisonment for a definite term of at least 5 years
3. In other casesImprisonment for at least 1 year but not more than 10 years

In addition, larceny is, as the term suggests, the crime of taking another person's property.

Level of Punishment for Larceny

Article 329 of the Criminal Act

Imprisonment for not more than 6 years or a fine of not more than 10 million won

Standards of Judgment

Desertion can broadly be divided into two types.

① Where a person leaves the unit or his duties ‘with the purpose of evading military service’

② Where a person fails to return to the unit or his duties ‘within a reasonable period’ ‘without justifiable cause’

In addition, in order for larceny to be established, the following requirements must be satisfied.

① Taking of property

② Intent

③ Intent of unlawful acquisition

According to the Supreme Court, the ‘intent of unlawful acquisition’ has been described as follows.

Supreme Court Decision of September 8, 1992, 91Do3149

The intent of unlawful acquisition required for the establishment of larceny refers to
the intent to exclude the rightful owner and to use or dispose of another person's property in accordance with its economic purpose, as if it were one's own.

If You Need the Assistance of a Specialist

In the case of military criminal matters, the level of punishment is higher than in ordinary criminal cases.

In addition, disadvantages may arise in internal military evaluations, promotion, and service records, and therefore a prompt response is necessary.

Daeryun Law Firm thoroughly takes into account the distinctive features of military criminal cases, carefully verifying the facts from the early stage of the case and promptly gathering and organizing the relevant evidence to establish a case response strategy.

In addition, through weekend consultations, the firm supports clients so that they may consult whenever necessary, and it handles cases promptly, processing them without unnecessary delay.

If you have become involved in a military criminal case in a situation such as the above, please request assistance through the 🔗legal consultation booking page.

Criminal Defense Attorney FAQ

Frequently Asked Questions About Military Criminal Cases #1
Q. Is a person punished even if the period of desertion is short?

A. Where a person fails to return to the unit or his duties without justifiable cause, he is subject to punishment under the Military Criminal Act even if the period is short.

However, where a person is a first-time offender, or where the period of absence is very short and there is no harm, there is a possibility that the court may grant leniency, such as a suspended sentence.

Frequently Asked Questions About Military Criminal Cases #2
Q. If I am involved in a military criminal case, will it affect my promotion or my record of rewards and disciplinary measures?

A. Records of a military criminal case may affect internal military procedures such as promotion review, service evaluation, and commendations.

Various factors are considered together, including whether punishment is imposed, the circumstances of the case, and whether it is a first offense.

군형사사건

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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