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Deals & Cases

Assault of a sentry

Military Assault Assistance Case | Suspension of Sentencing for a Client Who Assaulted a Sentry in the Military

The client, who was booked on charges of military assault, requested assistance from a military affairs attorney who has handled many military-related cases, in order to defend against punishment in a situation where the client had assaulted a sentry and had been reported.

CONTENTS
  • 1. The Client Involved in a Military Assault Case
    • - Background of the Case
  • 2. What Is the Charge Against the Client in the Military Assault Case?
    • - Issues in the Case
  • 3. The Military Assault Assistance
    • - Assistance for Reducing the Sentence in a Military Assault Case 1 | Pursuing a Settlement
    • - Assistance for Reducing the Sentence in a Military Assault Case 2 | An Impulsive Offense
  • 4. Result of the Military Assault Assistance: ‘Suspension of Sentencing’
    • - If You Are Involved in a Military Assault Case

1. The Client Involved in a Military Assault Case

Suspension of sentencing for a client charged with military assault and assault of a sentry

The client involved in a military assault case faced unavoidable punishment, but with the prompt assistance of a military specialist attorney, the client received a judgment of suspension of sentencing and concluded the case.

Background of the Case

The client was a military officer, and on the day of the incident he observed a soldier not concentrating on training and pointed this out.

However, when the soldier continued to disregard the instruction, he momentarily failed to control his emotions and struck the soldier's shoulder with his fist 3 to 4 times.

The soldier then reported the client on a charge of military assault, and the client was formally booked.

At the time, the client was about to be married, and feeling fear that he might receive heavy punishment, he promptly requested legal assistance from a military affairs attorney at Daeryun Law Firm in order to resolve the case quickly.

2. What Is the Charge Against the Client in the Military Assault Case?

The charge applied to the client was the offense of assault against a sentry.

A sentry is a soldier who performs the special duty of guarding and monitoring key points within military facilities or barracks, and under the Military Criminal Act is more strongly protected than an ordinary soldier.

Therefore, assaulting a sentry is regarded not as a simple assault but as an assault against a special subject, so a heavier punishment may be imposed, and in practice the possibility that a sentence of imprisonment will be imposed cannot be ruled out.

Article 54 of the Military Criminal Act

Assault or threat against a sentryIn the case of being before the enemy: imprisonment for not more than 7 years
In other cases: imprisonment for not more than 5 years

Issues in the Case

The issue in this case lay in the fact that the client was a military officer and the victim was a sentry, which made much heavier punishment possible than for ordinary assault in the military.

In response, the military law attorney focused on objectively proving that this case was an impulsive act resulting from a momentary emotion and the deep remorse from immediately after the incident and the amicable settlement with the victim.

3. The Military Assault Assistance

Military assault, suspension of sentencing judgment, establishing the strategy

In the military assault case, a response strategy was established so that the client could receive a suspension of sentencing judgment, and the following arguments were made.

Assistance for Reducing the Sentence in a Military Assault Case 1 | Pursuing a Settlement

From the early stage of the case, the client personally visited the soldier, sincerely apologized, and repeatedly sought forgiveness.

The military affairs attorney provided specific advice, from drafting the letter of apology to the method of delivering it, so that the client's reflective attitude could be effectively conveyed.

As a result, the attorney emphasized that the soldier's side also accepted the client's sincerity, expressed that they did not want punishment, and signed a settlement agreement and a statement of no desire for punishment.

Assistance for Reducing the Sentence in a Military Assault Case 2 | An Impulsive Offense

The client had been continually cautioning and guiding a soldier whose work attitude was generally poor, but on the day of the incident as well, the soldier continued to fool around, creating a situation that undermined discipline on duty.

In this situation, although the client could have imposed disadvantages through formal procedures such as the assessment of demerit points, he judged that on-the-spot discipline would be better and, in a momentary and impulsive act, struck the soldier on the shoulder.

The client emphasized that he was deeply remorseful that his rash conduct had caused the soldier mental suffering, and that he had been responding to the investigation with the assistance of a military law attorney from the early stages of the case.

4. Result of the Military Assault Assistance: ‘Suspension of Sentencing’

Need for assistance from an attorney specializing in military assault

As a result of providing assistance in the military assault case, the court rendered a judgment stating, “The pronouncement of the sentence against the defendant is suspended.”

The client repeatedly expressed gratitude, saying that thanks to the military specialist attorney he was able to receive a judgment of suspension of sentencing.

*Suspension of sentencing is a system under which, even if guilt is recognized, the pronouncement of the sentence is postponed where certain requirements are met.

If You Are Involved in a Military Assault Case

Military cases are tried not in ordinary courts but in military courts, so a complex procedure that requires a deep understanding of military law is involved.

In the case of military matters, the trial takes place not in an ordinary court but in a military court, so a somewhat complex procedure is involved.

In this process, criminal punishment and disciplinary action, as well as a service member's military life and economic stability, can be greatly affected, so it is advisable to receive the assistance of a professional attorney.

The law firm Daeryun has many professional attorneys with experience as military judges and military prosecutors, so tailored assistance is possible for each type of military criminal case.

If you have been implicated in an assault case in the military, please request assistance at any time through the law firm Daeryun's 🔗legal consultation appointment.

군대폭행

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.

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