Ilsan Civil Litigation Attorney | Ilsan Civil Litigation Attorney Who Reduced the Claimed Damages by More Than 70%

The client was the plaintiff's senior soldier and, while serving in the military, committed an indecent act by compulsion and assault against the plaintiff.

The plaintiff accused the client of an indecent act by compulsion against military personnel and assault, and the client was sentenced to one year of imprisonment with a two-year suspended sentence.

The plaintiff suffered sexual humiliation and physical injury as a result of the client's conduct, and therefore claimed consolation money for the emotional harm.

The client requested the assistance of the Ilsan civil litigation attorney of Daeryun Law Firm in order to reduce the claimed amount of damages.

Assault occurring within the military is, in principle, subject to the crime of assault under the Criminal Act. For certain matters provided for in the Military Criminal Act, however, the Military Criminal Act applies instead of the Criminal Act, and punishment is more severe. This is because assault within the military both infringes on the individual freedom of the service member and disrupts the discipline of the military as a whole, thereby undermining military order.

1) Indecent act by compulsion against military personnel

▣ Article 92-3 of the Military Criminal Act

A person who commits an indecent act against military personnel through assault or intimidation shall be subject to imprisonment for a definite term of at least one year.

▣ Article 92-4 of the Military Criminal Act

A quasi-indecent act by compulsion (an indecent act taking advantage of a state of mental or physical incapacity or inability to resist) shall be punished in accordance with Article 92-3.

2) Assault

▣ Article 60 of the Military Criminal Act (Assault, intimidation, and other acts against military personnel on duty)

① A person who commits assault or intimidation against a person on duty other than a superior or a sentinel shall be punished according to the following classifications.

- In the case of being before the enemy: imprisonment for up to seven years

- In other cases: imprisonment for up to five years or a fine of up to 10 million won

② A person who commits the offense under paragraph (1) as a group or while carrying a weapon or other dangerous object shall be punished according to the following classifications.

- In the case of being before the enemy: imprisonment for a definite term of at least three years

- In other cases: imprisonment for a definite term of at least one year

The attorney emphasized that this incident occurred while the client and the plaintiff were serving in the military, and that it was an impulsive incident that arose when the client, as the senior soldier, attempted to correct the discipline of his junior but went beyond the appropriate limit.

The attorney emphasized that, because the incident occurred in the particular environment of the military, it by no means stemmed from any malicious hostility toward the plaintiff or from an intent to commit indiscriminate, direct assault.

Through a letter of apology written by the client himself, the attorney argued that the client felt deep guilt over the fact that he had engaged in conduct that a senior should not commit within the military organization and had thereby harmed his juniors.

The attorney emphasized that the client had therefore resolved to live with remorse so that such an incident would never occur again.

The central issue in a damages lawsuit is proving that the harm resulted from the intentional or negligent conduct of the person who caused it.

Accordingly, in order to reduce the claimed damages as in the case above, various materials are needed to demonstrate that the conduct was not intentional or negligent.

Daeryun Law Firm forms a case team of three or more legal professionals to maximize expertise, and through Daeryun's own litigation system built on its body of resolved cases, it has been guiding clients' cases to successful outcomes.

If you need the assistance of specialized attorneys with expert knowledge of damages litigation, you may visit the Ilsan civil litigation attorneys of Daeryun Law Firm at any time.