CONTENTS
- 1. The story of the client who came to the Pohang attorney
- 2. The legal principles relating to the Pohang attorney's client's case
- 3. The Pohang attorney's defense strategy
- - The Pohang attorney emphasizes that the offense of insulting a superior officer cannot be established as a matter of law
- - The Pohang attorney emphasizes that the client is deeply remorseful
- - The Pohang attorney emphasizes that the maliciousness and the degree of harm are not severe
- - The Pohang attorney emphasizes that the client has no prior criminal record and a low likelihood of reoffending
- 4. The judgment received by the Pohang attorney's client
1. The story of the client who came to the Pohang attorney
The client who came to the Pohang attorney stated that he was under suspicion of insulting a superior officer, and we looked into the circumstances that brought him to Daeryun's Pohang office.
The client was a soldier on active duty holding the rank of corporal. While tidying up quarters within the military barracks with two junior soldiers, he allegedly referred to the victim, Staff Sergeant A, and uttered profanities, thereby insulting the victim, who was his superior officer.
2. The legal principles relating to the Pohang attorney's client's case
The Pohang attorney's client had committed the offense of insulting a superior officer under the Military Criminal Act,
Military Criminal Act Article 64 (Insult of a Superior, etc.)
② A person who insults a superior by displaying a document, a drawing (圖畵), or an effigy (偶像) in public (公示), or by a speech or any other public (公然) means shall be punished by imprisonment with or without labor for not more than three years.
The client had committed an offense punishable under Article 64, Paragraph 2 of the Military Criminal Act.
3. The Pohang attorney's defense strategy
The Pohang attorney established the following defense strategy and proceeded to represent the client.
▲The client is deeply remorseful
▲The maliciousness and the degree of harm are not severe
▲The client has no prior criminal record and a low likelihood of reoffending
The Pohang attorney emphasizes that the offense of insulting a superior officer cannot be established as a matter of law
Article 64, Paragraph 2 of the Military Criminal Act punishes as the offense of insulting a superior a person who insults a superior by displaying a document, a drawing, or an effigy in public, or by a speech or any other public means, and sets the statutory penalty at imprisonment with or without labor for not more than three years, without providing for a fine. However, in light of the following circumstances, it is reasonable to regard the 'public means' referred to in the offense of insulting a superior as being limited to cases in which an expression is made in a manner comparable to displaying a document, a drawing, or an effigy in public or giving a speech, and capable of affecting the order and the chain of command of the military organization; it is not sufficient that an abstract judgment or a contemptuous sentiment capable of degrading a person's social reputation is merely expressed through a private conversation.
Including the above precedent, numerous precedents hold that the offense of 🔗insulting a superior officer under Article 64, Paragraph 2 of the Military Criminal Act, which corresponds to the client's charge, does not apply to private conversations.
On this basis, it can be concluded that the offense of insulting a superior officer cannot be established against the Pohang attorney's client.
The Pohang attorney emphasizes that the client is deeply remorseful
The Pohang attorney's client fully admits the charges in this case and is deeply remorseful.
The client had no intention whatsoever of insulting his superior, but regardless of the reason, he sincerely regrets having caused harm.
The Pohang attorney emphasizes that the maliciousness and the degree of harm are not severe
The Pohang attorney's client regrets his conduct, but he had merely made a joke in an effort to lighten the mood because the junior soldiers were struggling with military life, and he had no intention of causing harm to the victim.
Furthermore, the content of the profanity was never conveyed to the victim, so the degree of harm is not severe.
The Pohang attorney emphasizes that the client has no prior criminal record and a low likelihood of reoffending
The Pohang attorney's client is a first-time offender who had never received any punishment before this case.
In addition, the client enjoys such a good social reputation that he is regarded as diligent and attentive to those around him.
The client's acquaintances were greatly surprised that the Pohang attorney's client had committed such an offense and are pleading for leniency.
In light of these circumstances, it can be seen that the client has a very low likelihood of reoffending.
4. The judgment received by the Pohang attorney's client
After hearing the Pohang attorney's arguments, the court handed down a suspension of sentencing for the client.
A suspension of sentencing refers to a measure under which, for a defendant whose offense is minor, the crime is recognized but the pronouncement of the sentence is deferred.
If, within two years from the date of receiving the suspension of sentencing, no other offense is committed, the pronouncement of the sentence is exempted.
Insulting a superior officer is an offense punished severely under the 🔗Military Criminal Act, with no fine available and punishment by imprisonment with or without labor; with the Pohang attorney's assistance, the client was able to avoid punishment.
If, like the client in this case, you are facing the risk of punishment for insulting a superior officer, the specialist attorneys at Daeryun's Pohang office are available to assist you with your case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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