[Assistance From a Military Criminal Defense Attorney] Client Not Indicted for Joint Assault With the Help of a Military Criminal Defense Attorney

The client in this case, who requested assistance from a military criminal defense attorney, was a service member on active duty.

One day, the client received notice that an investigation for joint assault would proceed and urgently sought a military criminal defense attorney.

The matter involved two other senior soldiers who had grabbed the victim's arm and pulled out the victim's facial hair, and the client's name was also mentioned while the victim was describing the harm suffered.

To respond to this, the client requested assistance from a military criminal defense attorney.

■ Levels of Punishment Under the Military Criminal Act

Military Criminal Act Article 60 (Assault, Threat, and Similar Acts Against Service Members and Others on Duty)

① A person who assaults or threatens a person on duty, other than a superior or a sentry, shall be punished according to the following classifications.

- In the face of the enemy: imprisonment for not more than 7 years

- In other cases: imprisonment for not more than 5 years or a fine of not more than 10 million won

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

- In the face of the enemy: imprisonment for a definite term of not less than 3 years

- In other cases: imprisonment for a definite term of not less than 1 year

③ Where two or more persons jointly commit the offense under paragraph 1 without forming a group, the punishment prescribed in paragraph 1 shall be increased by up to one half.

④ A person who commits an offense under paragraphs 1 through 3 and thereby causes the death of a service member or other person on duty, other than a superior or a sentry, shall be punished according to the following classifications.

- In the face of the enemy: death, life imprisonment, or imprisonment for not less than 5 years

- In time of war, civil disturbance, or in a martial law area: a person who commits the offense under paragraph 1 shall be punished by death, life imprisonment, or imprisonment for not less than 3 years, and a person who commits the offense under paragraph 2 or 3 shall be punished by death, life imprisonment, or imprisonment for not less than 5 years

- In other cases: a person who commits the offense under paragraph 1 shall be punished by life imprisonment or imprisonment for not less than 3 years, and a person who commits the offense under paragraph 2 or 3 shall be punished by life imprisonment or imprisonment for not less than 5 years

⑤ A person who commits an offense under paragraphs 1 through 3 and thereby causes injury to a service member or other person on duty, other than a superior or a sentry, shall be punished according to the following classifications.

- In the face of the enemy: life imprisonment or imprisonment for not less than 3 years

- In other cases: imprisonment for a definite term of not less than 1 year

The suspect was a first-time offender with no prior criminal record before this case.

The attorney argued that the client had come to grab the victim's arm only because of the senior soldiers' instructions, and that there was no intent.

The attorney argued that the victim had unavoidably mentioned the suspect in this case while describing the allegations against the senior soldiers, and that the victim had expressed the intention of not wanting the suspect to be punished.

The attorney argued that, even though the suspect's conduct had not been carried out of his own volition, the suspect was sincerely sorry for having harmed the victim and was reflecting on his conduct.

The case above involved a client who requested assistance from a military criminal defense attorney after being investigated in a manner the client found rather unfair.

With the military criminal defense attorney's assistance, the client concluded the case with a non-prosecution disposition and was able to continue military service without any problem.

Because the scope of harassment within a military unit is very broad, anyone who, like the client in the case above, comes to be investigated unfairly may wish to defend against punishment with the help of a specialized attorney.

At Daeryun Law Firm, specialized attorneys who have handled many military criminal cases assist clients with their cases strategically.

If you are involved in a military criminal case like the one above and need assistance, you may entrust your case to a military criminal defense attorney at Daeryun Law Firm at any time.