[Daegu Criminal Defense Attorney Success Case] Client Facing a Military Lawsuit for Desertion and Related Charges Receives a Suspended Sentence

The client was a service member, and during service the client failed to report for duty without authorization for more than ten days.

The client altered and forged a medical certificate obtained from a public health center and used it, thereby obstructing the performance of official duties by deceit.

As a result, the client had to defend against military criminal proceedings for charges including deceit for the purpose of avoiding duty, alteration of an official document, and obstruction of official duties by deceit.

The client who came to Daeryun's Daegu criminal defense attorney requested assistance in defending the lawsuit.

■ Relevant Provisions of the Criminal Act and the Military Criminal Act

▷ Criminal Act

• - Article 231 (Forgery or Alteration of Private Documents)

A person who, for the purpose of use, forges or alters another person's document or drawing concerning rights, duties, or certification of facts shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.

• - Article 234 (Uttering of Forged Private Documents)

Articles 231 through 233, a person who utters a document, drawing, or special media record such as an electromagnetic record made through any of the crimes prescribed shall be punished by the penalty prescribed for each respective crime.

• - Article 137 (Obstruction of Official Duties by Deceit)

A person who obstructs the performance of official duties by a public official through deceit shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.

• - Article 225 (Forgery or Alteration of Official Documents)

A person who, for the purpose of use, forges or alters a document or drawing of a public official or a public office shall be punished by imprisonment for not more than ten years.

▷ Military Criminal Act

• - Article 41 (Deceit for the Purpose of Avoiding Duty)

(1) A person who inflicts bodily injury upon himself or herself for the purpose of avoiding duty shall be punished as follows.

1. In the presence of the enemy: death, life imprisonment, or imprisonment for not less than five years

2. In any other case: imprisonment for not more than three years

(2) A person who feigns illness or otherwise resorts to deceit (僞計) for the purpose of avoiding duty shall be punished as follows.

1. In the presence of the enemy: imprisonment for not more than ten years

2. In any other case: imprisonment for not more than one year

• - Article 30 (Desertion)

(1) A person who departs from a unit or duty for the purpose of avoiding military service shall be punished as follows.

1. In the presence of the enemy: death, life imprisonment, or imprisonment for not less than ten years

2. In a time of war, civil disturbance, or in a martial law zone: imprisonment for a definite term of not less than five years

3. In any other case: imprisonment for not less than one year and not more than ten years

(2) A person who has departed from a unit or duty and who, without justifiable grounds, fails to return to the unit or duty within a reasonable period shall also be subject to the penalty under paragraph (1).

Daeryun's Daegu criminal defense attorney submitted, as reference material, a petition prepared by the client's fellow soldiers.

The fellow soldiers acknowledged that the client's involvement in this matter was wrong, but they emphasized that the client had ordinarily lived a diligent life.

They argued that the client, who had lived as a law-abiding citizen, was now recognizing the wrongdoing and showing remorse, and they therefore sought leniency.

Daeryun's Daegu criminal defense attorney argued that the client had long suffered from symptoms of panic disorder and depression.

The client's offense was also committed in a state of resignation while the client was mentally and physically exhausted by the mental illness.

While the client's wrongful conduct was certainly deserving of strong criticism, the attorney emphasized that there had been multiple precedents in which a suspended sentence was imposed in cases involving desertion.

Before this case, the client had lived an honest and diligent life without involvement in any offense.

In addition, the client had never once been subject to a police investigation and was a person of strong law-abiding character who had never been involved in a criminal case.

Daeryun's Daegu criminal defense attorney argued that the client was a first-time offender with no criminal record, including no prior offenses of the same kind.

The client, who faced military criminal proceedings for charges including deceit for the purpose of avoiding duty, alteration of an official document, and obstruction of official duties by deceit, came to Daeryun's Daegu criminal defense attorney to obtain assistance.

The Daegu criminal defense attorney assisted with the overall procedure of the litigation through careful consultation with the client.

As a result of the proceedings, the court accepted the arguments of Daeryun's Daegu criminal defense attorney and imposed a suspended sentence on the client.

If you need assistance with military criminal proceedings, as in the case above, you may reach out to Daeryun's Daegu criminal defense attorney at any time.