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Q

I would like to ask a military law attorney about the sentence for an indecent act by compulsion against a soldier and how to respond.

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Hello, military law attorney. I am a soldier in my twenties currently serving in the military. Recently, while hearing about sexual offenses within the military from the news and from those around me, a question arose. I would like to know what punishment would be imposed if a person, while holding the status of a soldier, committed an indecent act by compulsion against another soldier. I am also curious about how to respond.

military law attorney

indecent act by compulsion against a soldier

A

Answer to Related Inquiry

Hello. This is a military law attorney at Daeryun Law Firm (LLC).

Where an indecent act by compulsion is committed against a soldier, the punishment may be more severe than for an ordinary indecent act by compulsion.

In the case of an ordinary indecent act by compulsion, under Article 298 of the Criminal Act, the offender is subject to imprisonment of up to 10 years or a fine of up to 15 million won.

However, in the case of an indecent act by compulsion against a soldier, under Article 92-3 of the Military Criminal Act, an indecent act accompanied by violence or intimidation may be punishable by imprisonment for a definite term of at least 1 year.

As such, sexual offenses within the military are treated seriously, and when an incident occurs, the military police immediately begin an investigation.

Because an investigation can begin based on a report or tip from within the military alone, a strategic response from the early stage of the investigation is very important.

If there is an unfair situation, or if you have become involved in the case by mistake, promptly receiving the assistance of a military law attorney and preparing matters such as organizing your position on the circumstances of the case, efforts toward an amicable settlement with the victim, and a sincere explanation of the will to prevent reoffending can help reduce the sentence.

For further details, we recommend that you confirm through a consultation with a military law attorney.

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