CONTENTS
- 1. The Military Criminal Specialist Attorney Listens to the Clients' Story
- - The Statutes Reviewed with the Military Criminal Specialist Attorney
- 2. The Military Criminal Specialist Attorney Establishes a Strategy for the Clients
- - Military Criminal Specialist Attorney's Argument ① : The "Official Document Offense" Was Already Widespread
- - Military Criminal Specialist Attorney's Argument ② : The Degree and Consequences of the Offense Were Relatively Minor
- - Military Criminal Specialist Attorney's Argument ③ : The Clients Are Showing Sincere Remorse
- 3. The Military Criminal Specialist Attorney Obtains a "Suspension of Sentencing"
- - If You Need the Help of a Military Criminal Specialist Attorney
1. The Military Criminal Specialist Attorney Listens to the Clients' Story
The story of the clients whom the military criminal specialist attorney met is as follows.
There were three clients in this case, and they had served together in the same military unit.
One day, with their discharge approaching, the clients heard a tempting proposal from a fellow soldier.
The idea was to modify the leave time written on their leave passes so that they could spend a little more time outside together.
Stressed by their ongoing life in the unit, the clients accepted this without much thought.
This was because, within the unit the clients belonged to at the time, forging or altering leave passes was quite common.
The clients downloaded a leave pass file on a computer and arbitrarily modified the leave-time portion using an editing program.
They then took the altered leave passes outside the unit and stayed out longer than the originally permitted time.
However, the act of modifying the leave passes at will, without the permission of a superior officer, clearly constituted the offense of alteration of an official document.
In the end, the clients were brought to trial on charges of violation of the Military Criminal Act, alteration of an official document, and uttering of an altered official document.
The Statutes Reviewed with the Military Criminal Specialist Attorney
Criminal Act Article 225 (Forgery or Alteration of Official Documents, etc.)
A person who, for the purpose of uttering, forges or alters a document or drawing of a public official or public office shall be punished by imprisonment for not more than 10 years.
Criminal Act Article 229 (Uttering of Forged Official Documents, etc.)
A person who utters a document, drawing, electronic or other special media record, original of a notarial deed, license, permit, registration certificate, or passport made through the offenses under Articles 225 through 228 shall be punished by the penalty prescribed for each respective offense.
Military Criminal Act Article 79 (Unauthorized Absence)
A person who, without permission, temporarily leaves his or her place of duty or designated place, or fails to reach the designated place by the designated time, shall be punished by imprisonment with or without labor for not more than 1 year or by a fine not exceeding 3 million won.
2. The Military Criminal Specialist Attorney Establishes a Strategy for the Clients
The military criminal specialist attorneys formed a dedicated team to provide tailored assistance so that the clients could receive the lightest possible sentence.
Military Criminal Specialist Attorney's Argument ① : The "Official Document Offense" Was Already Widespread
In the unit the clients belonged to, the forgery and alteration of leave passes occurred very frequently.
Many soldiers even shared methods of forgery and alteration with one another, and there was no particular detection or punishment for this.
Because the majority of those living together were engaging in this conduct, and because no issue had been raised about it, there was an aspect that made it difficult for the clients to recognize its unlawfulness.
In addition, the unit's own oversight was very inadequate.
In the case of the soldier checking leave passes at the main gate, he only glanced at them by eye and did not compare the original with the copy.
The clients came to commit this offense in part because of this atmosphere within the unit.
Military Criminal Specialist Attorney's Argument ② : The Degree and Consequences of the Offense Were Relatively Minor
What the clients arbitrarily modified was the "leave time."
The originally permitted time was 3 hours, and they added another 3 hours at will, making it appear as though they had been granted a total of 6 hours of leave.
In fact, there was no particular reason why the clients extended their leave time in this way.
It was simply a youthful wish to enjoy a little more free time outside.
In reality, the clients merely stopped briefly at an Internet cafe during that time and committed no other unlawful act.
Military Criminal Specialist Attorney's Argument ③ : The Clients Are Showing Sincere Remorse
From the time the investigation began, the clients went about their daily lives with very heavy hearts.
They also reflected on the past days when they had no awareness at all of criminal punishment.
With this sense of remorse, the clients diligently took part in the investigation and trial.
In addition, the clients were all diligent university students with no criminal record at all, so the risk of reoffending was also markedly low.
The clients' families and acquaintances were also earnestly requesting leniency.
3. The Military Criminal Specialist Attorney Obtains a "Suspension of Sentencing"
As a result of the military criminal specialist attorney's systematic assistance to the clients, the court issued a judgment of "suspension of sentencing."
The court explained that it had taken into account the fact that the clients were sincerely remorseful for their conduct and that the offense was committed only once.
The court added that, considering the clients' age and circumstances, it appeared more appropriate to suspend the sentencing.
If You Need the Help of a Military Criminal Specialist Attorney
We have introduced a case in which clients who nearly faced criminal punishment for committing an offense while serving in the military escaped the crisis through the assistance of a military criminal specialist attorney.
In the case of the Military Criminal Act, owing to the nature of the military as an organization, punishment is often more severe than in ordinary criminal cases.
In addition, the offenses of alteration of an official document and uttering of an altered official document are treated seriously by the judicial authorities, to the extent that no fine is prescribed in their statutory penalties.
For this reason, if you are implicated in a related charge, you should promptly seek the help of an experienced legal team.
Daeryun LLC, to which the military criminal specialist attorney belongs, provides tailored assistance to clients through a legal team focused on various military-related disputes.
If you have a related inquiry, please feel free to request a 🔗consultation with a military criminal specialist attorney at any time.
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.
