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Q
In military assault, is the level of punishment different for assaulting a superior and assaulting a sentry?
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I am asking because I do not know much about the military or the law. In the context of military assault, I have heard the terms assault of a superior and assault of a sentry, but I am not sure what the difference between the two is. The act of assault is the same, so I am curious whether there is a difference in how the two are punished or in the sentence. I would appreciate a detailed explanation. Thank you!
military assault
military attorney
Answer to Related Inquiry
Author: 박동일
Military assault cases are regulated separately under the Military Criminal Act as assault of a superior and assault of a sentry.
In the case of assaulting a superior, if it occurs in the face of the enemy, the punishment is imprisonment for at least 1 year and up to 10 years, and in other cases, imprisonment for up to 5 years.
If a person assaults a superior while carrying a weapon or other dangerous object, then in the face of the enemy, the punishment is the death penalty, life imprisonment, or imprisonment for at least 5 years, and in other cases, life imprisonment or imprisonment for at least 2 years.
In the case of assaulting a sentry, if it occurs in the face of the enemy, the punishment is imprisonment for up to 7 years, and in other cases, imprisonment for up to 5 years.
In this case, if the sentry sustains bodily injury due to the assault, then in the face of the enemy, the punishment is life imprisonment or imprisonment for at least 3 years, and in other cases, imprisonment for a definite term of at least 1 year.
As such, assault cases within the military involve somewhat complex legal procedures and are punished very severely.
Because the sentence varies depending on the gravity of the case, it is advisable to seek help from a military attorney who has deep know-how regarding military assault cases.
Please keep in mind that it is most important to protect your rights and minimize any disadvantages through a specific defense strategy.
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