[Military Attorney Assistance Case] In a Case of Special Assault Against Military Personnel on Duty, the Result Was a Suspended Sentence

CONTENTS

1. How the Client Came to Daeryun's Military Attorney
- - The Circumstances at the Time of the Incident as Identified by the Military Attorney
- - The Penalty Levels Explained by the Military Attorney
2. The Military Attorney's Assistance for the Defense
- - Military Attorney: Argument That the Client Acknowledged the Offense and Was Reflecting on It
- - Military Attorney: Argument That the Client Reached an Amicable Settlement with the Junior Soldier
- - Military Attorney: Argument That the Client Was a First-Time Offender with No Criminal Punishment Record
3. With the Military Attorney's Assistance, the Result of the Litigation Was a Suspended Sentence
- - The Military Attorney's Efforts in Obtaining the Suspended Sentence

1. How the Client Came to Daeryun's Military Attorney

The client in this case was facing litigation for special assault against military personnel on duty after assaulting a junior soldier.

The Circumstances at the Time of the Incident as Identified by the Military Attorney

While receiving shooting training at a training ground during his military service, the client struck the leg of a junior soldier who was awaiting orders several times with a steel pipe, committing an assault.

The client committed the offense of assaulting a junior soldier who was on duty, while carrying a dangerous object.

In addition, on the grounds that the same junior soldier's performance was poor during another training session, the client struck the junior soldier's face several times with his fist, and as a result faced litigation on the charge of special assault against military personnel on duty.

The Penalty Levels Explained by the Military Attorney

▶ Penalty Levels Under the Military Criminal Act

Article 60 of the Military Criminal Act (Assault, Intimidation, etc. Against Military Personnel on Duty)

(1) A person who commits assault or intimidation against a person on duty other than a superior officer or a sentry shall be punished according to the following classifications.

1) In the presence of the enemy: imprisonment for not more than 7 years

2) In other cases: imprisonment for not more than 5 years or a fine not exceeding 10 million won

(2) A person who commits the offense under paragraph (1) by forming a group or by carrying a weapon or other dangerous object shall be punished according to the following classifications.

1) In the presence of the enemy: imprisonment for a definite term of at least 3 years
2) In other cases: imprisonment for a definite term of at least 1 year

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

(4) A person who commits any of the offenses under paragraphs (1) through (3) and thereby causes the death of military personnel on duty other than a superior officer or a sentry shall be punished according to the following classifications.

1) In the presence of the enemy: death, life imprisonment, or imprisonment for at least 5 years
2) In time of war, in a national emergency, 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 at least 3 years, and a person who commits the offense under paragraph (2) or (3) shall be punished by death, life imprisonment, or imprisonment for at least 5 years
3) In other cases: a person who commits the offense under paragraph (1) shall be punished by life imprisonment or imprisonment for at least 3 years, and a person who commits the offense under paragraph (2) or (3) shall be punished by life imprisonment or imprisonment for at least 5 years

(5) A person who commits any of the offenses under paragraphs (1) through (3) and thereby causes injury to military personnel on duty other than a superior officer or a sentry shall be punished according to the following classifications.

1) In the presence of the enemy: life imprisonment or imprisonment for at least 3 years
2) In other cases: imprisonment for a definite term of at least 1 year

2. The Military Attorney's Assistance for the Defense

For the client, who faced military criminal litigation after assaulting a junior soldier, Daeryun Law Firm's military attorney prepared the best possible defense through careful consultation with the client.

Military Attorney: Argument That the Client Acknowledged the Offense and Was Reflecting on It

Daeryun's military attorney argued that the client acknowledged the offense and was reflecting on it.

The client deeply regretted his conduct, stating that as a senior soldier he should have shown consideration for the junior soldier and helped him adjust to military life.

The attorney also pleaded that the client was sincerely reflecting on having used his position as a senior soldier to assault and harass the junior soldier.

Military Attorney: Argument That the Client Reached an Amicable Settlement with the Junior Soldier

The client went to the junior soldier he had assaulted and sincerely apologized.

The junior soldier felt the client's sincerity, accepted the apology, and the two reached an amicable settlement.

Daeryun's military attorney argued that, after the settlement, the junior soldier had expressed that he did not want the client to be punished.

Military Attorney: Argument That the Client Was a First-Time Offender with No Criminal Punishment Record

Daeryun's military attorney argued that the client was a first-time offender with no record of criminal punishment.

The client had carried out an exemplary military service, faithfully completing his training and receiving rewards such as commendation leave.

The attorney pleaded that the client was a diligent member of society who had committed no other offense apart from this assault incident.

3. With the Military Attorney's Assistance, the Result of the Litigation Was a Suspended Sentence

The client in this case came to Daeryun's military attorney to obtain assistance while facing military criminal litigation after assaulting a junior soldier within the unit. Daeryun's military attorney did its best throughout the entire course of the litigation, including legal consultation, examination of evidence, and closing argument, and as a result of the litigation, a suspended sentence was obtained.

The Military Attorney's Efforts in Obtaining the Suspended Sentence

The client in this case came to Daeryun's military attorney to obtain assistance in a difficult situation, facing military criminal litigation after assaulting a junior soldier within the unit.

Through continued consultation with the client, Daeryun's military attorney did its best to assist throughout the overall course of the litigation.

As a result, the court accepted the arguments of Daeryun's military attorney and imposed a suspended sentence on the client.

If you are facing concerns over a military criminal matter, like the client above, you may come to Daeryun Law Firm's military attorney for a consultation at any time.

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