Military Attorney Assistance Case | Suspension of Indictment for a Client Suspected of Cruel Treatment in the Military, Including Assault and Intimidation

The client who came to the military attorney had been criminally charged with cruel treatment in the military.

The client, currently serving as a soldier, continued to verbally abuse a junior who did not follow orders, on the grounds of disciplining him.

What began as part of training escalated in severity, and the junior, who could no longer endure the insulting remarks, eventually reported the client for 🔗cruel treatment in the military.

As a result, the client faced the risk of criminal punishment along with disciplinary action within the military.

The client could not hide his anxiety during his first military police investigation, and so he came to a military attorney who had handled numerous military cases and requested assistance in order to defend against punishment.

If you commit a crime while in the military, you will be punished according to military criminal law, not general criminal law.

▶A person who abuses his/her authority and commits abuse or harsh acts

▶A person who has exercised power and committed abuse or harsh acts.

Additionally, if you insult, threaten, or assault a sentry, you will be subject to the following punishment.

▶A person who insults a guard to his face

▶A person who assaulted or threatened a sentry

In the Military Criminal Act, the crime of assault and intimidation is not subject to the crime of impunity against the will, so even if an agreement is reached with the victim, it can lead to a trial, so more caution is needed.

According to Article 56 of the Military Justice Act, if a soldier's dignity is damaged or orders are violated, disciplinary action may be taken within the military in addition to criminal punishment.

Since the client could have received not only disciplinary action but also criminal punishment, it was important to find extenuating circumstances to defend against punishment.

The military criminal defense attorney emphasized that the client was sincerely reflecting on his own conduct.

The client participated faithfully in the military police investigation, admitted all of the facts of his offense, and sought to express a sincere apology to the junior soldier.

In particular, through his attitude of not evading responsibility even while accepting punishment, it was possible to highlight the client's genuine remorse.

The military criminal attorney emphasized that the client had reached an amicable settlement with the victim.

Following the attorney's advice, the client not only conveyed a sincere apology to the victim but was also able to secure a settlement agreement and a statement of no desire for punishment from the victim.

On this basis, the attorney was able to demonstrate that the client recognized his responsibility toward the victim and made genuine efforts toward actual recovery of the harm.

The military criminal defense attorney emphasized that the client was making efforts on multiple fronts to prevent reoffending.

The client demonstrated a commitment to preventing reoffending through various efforts toward improvement, such as sending a letter of apology to the victim's family and completing a recidivism prevention education program.

This made it possible to show that the client was actively working to take responsibility for his conduct.

If a crime is committed while holding the status of a service member, punishment is imposed under the Military Criminal Act rather than the general Criminal Act.

▶A person who, by abusing authority, commits an act of maltreatment or cruelty

▶A person who, by exercising coercion, commits an act of maltreatment or cruelty

In addition, a person who insults, threatens, or assaults a sentry will be subject to the following punishment.

▶A person who insults a sentry to the sentry's face

▶A person who assaults or threatens a sentry

In particular, the offenses of assault and intimidation under the Military Criminal Act are not crimes that cannot be punished against the victim's will, so even if a settlement is reached with the victim, the case may still proceed to trial, which calls for greater caution.

In addition, under Article 56 of the Military Personnel Management Act, if a service member damages the dignity of the military or violates an order, disciplinary measures within the military may be imposed in addition to criminal punishment.

What are the advantages of consulting a military attorney?

• Understanding of the unique organization of the military: The military has a distinctive organizational culture that is entirely different from ordinary society, including a rank structure and the authority of commanders. A military attorney who accurately understands the inner workings of the military can provide a tailored response.
• Exclusive handling of the Military Criminal Act and the Military Personnel Management Act: In addition to the civilian Criminal Act, service members are subject to the Military Criminal Act, which carries far heavier penalties. Moreover, in the case of disciplinary action, status-related disadvantages under the Military Personnel Management Act (such as being passed over for promotion or being discharged) are directly at stake, so the assistance of an attorney specializing in military matters is critical.
• Response to military judicial procedures (military prosecution and military courts): The investigation and trial process that proceeds through the military police, the military prosecution, and the military court is far more closed than civilian procedures. A military attorney should be present from the very first investigation stage to prevent a coercive atmosphere and to ensure that the right of defense is protected.
• Specialization in disciplinary committee and appeal procedures: Even after receiving a suspension of indictment or an acquittal in a criminal case, a person may receive heavy disciplinary measures such as a salary reduction, suspension from duty, or dismissal at a separate military disciplinary committee. Thorough assistance is needed, from the statement before the disciplinary committee to the appeal procedure challenging the result.
• Protection of a military career and future status: For service members, military civilian employees, or those about to be discharged, a military legal problem may go beyond a simple fine and may determine a future of losing one's occupation (through a review of fitness for active service, for example) or carrying a criminal record. An early consultation may be the only way to protect one's career and reputation.

As in this client's case, where the client faced the risk of criminal punishment for cruel treatment within the military but received a suspension of indictment with the assistance of a military attorney, crimes occurring within the military may be punished more severely than under the general Criminal Act, so greater caution is required.

The military attorneys and other experts of the National Defense and Military Group at Daeryun Law Firm are attorneys with a deep understanding of the Military Criminal Act, and they form a task force tailored to each case and respond promptly to the client's case.

If, like this client, you face the risk of criminal punishment for cruel treatment within the military, please request prompt assistance from a military attorney through a 🔗legal consultation reservation.

At branch offices near military units nationwide, we will conduct consultations promptly regardless of weekends, public holidays, and the like, and provide assistance.