CONTENTS
- 1. How the Client Came to the Suwon Law Office
- - The Client Reported for Insult of a Superior Officer
- - The Case Issues Identified by the Suwon Attorney
- 2. Statutes Relevant to the Case Explained by the Suwon Law Office
- - Requirements for Insult of a Superior Officer
- 3. The Suwon Law Office's Two Arguments
- - Suwon Attorney's Argument 1 | No Motive for the Offense
- - Suwon Attorney's Argument 2 | Continual Reversal of Statements
- 4. The Court Accepted the Suwon Law Office's Arguments
- - If You Need the Help of a Law Office?
1. How the Client Came to the Suwon Law Office
The client, a soldier reported on a charge of insulting a superior officer, urgently came to the Suwon attorney to request a consultation.
The Client Reported for Insult of a Superior Officer
The account of the client who requested assistance from the Suwon attorney is as follows.
While having a meal with junior soldiers, the client was reported on a charge of insulting a superior officer for allegedly making a sexual remark about A, a superior officer.
However, the client expressed that this was unfair, stating that the client had never made any insulting remark.
The client explained that, because they had usually been somewhat strict with the junior soldiers, they likely harbored a grudge and filed a false report.
After completing the consultation with the client, the Suwon attorney accurately identified the issues in the case and prepared an appropriate response.
The Case Issues Identified by the Suwon Attorney
It was a fault on the client's part to have troubled the junior soldiers and taken a somewhat strict attitude.
However, it appeared that the junior soldiers harbored a grudge over this and reported false facts rather than actual harm.
The Suwon attorney therefore focused on closely analyzing the junior soldiers' statements and securing evidence of the false report in order to thoroughly determine whether they had intentionally reported false facts.
2. Statutes Relevant to the Case Explained by the Suwon Law Office
In the case of insult of a superior officer, a person may be punished by imprisonment with or without labor under Article 64 of the Military Criminal Act.
| ■ Military Criminal Act Article 64 (Insult of a Superior Officer, etc.) | A person who insults a superior officer to the officer's face | Imprisonment with or without labor for not more than 2 years |
A person who insults a superior officer by displaying a document, drawing, or effigy, or by giving a speech or by any other public means | Imprisonment with or without labor for not more than 3 years | |
| A person who publicly alleges facts and damages the honor of a superior officer | Imprisonment with or without labor for not more than 3 years | |
| A person who publicly alleges false facts and damages the honor of a superior officer | Imprisonment with or without labor for not more than 5 years |
Requirements for Insult of a Superior Officer
For a charge of insult of a superior officer to be established, the following requirements must be met.
2. The element of public nature (if the statement was made to the superior officer's face, punishment is possible even without public nature)
3. If a superior officer is insulted by displaying a document, drawing, or effigy, or by giving a speech or any other public means
3. The Suwon Law Office's Two Arguments
To prove the client's innocence, the Suwon attorney prepared a response based on a thorough analysis and made the following arguments.
Suwon Attorney's Argument 1 | No Motive for the Offense
The client had built a close friendship with A, the superior officer.
Accordingly, A stated that the client had no reason whatsoever to insult A.
The client likewise argued that, given the close friendship with A, the client had referred to A by name without using A's rank when speaking to other junior soldiers, but had never made any sexually insulting remark.
Suwon Attorney's Argument 2 | Continual Reversal of Statements
As for the date on which the client allegedly insulted the superior officer, the junior soldiers claimed that they remembered the specific date.
However, the client presented an alibi that the client was on leave and not at the unit at that time.
The attorney emphasized that the junior soldiers then changed their statements to a date other than the one initially given and ultimately reversed their accounts, claiming that the date was difficult to specify.
4. The Court Accepted the Suwon Law Office's Arguments
The court, accepting the Suwon law office's arguments, found the client “not guilty.”
Satisfied with this outcome, the client came to the Suwon office to express repeated gratitude, stating that it was thanks to Daeryun that the client was able to prove the client's innocence.
If You Need the Help of a Law Office?
As in the case above, in a crime of insult of a superior officer, the process of securing the statements of witnesses and collecting relevant evidence is very important, so receiving the help of an attorney can be helpful.
For military clients such as this one, Daeryun Law Firm prepares prompt and thorough legal responses that take into account the particular nature of incidents arising during military service.
The firm also operates offices nationwide and provides legal consultations 365 days a year, around the clock, offering systematic and accurate solutions to legal problems.
If you are facing difficulties in a situation such as the above, please request assistance from a 🔗Suwon Attorney.
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.
