Deals & Cases
Response under the Military Criminal Act | Client Suspected of Insulting a Superior Officer, a Case Concluded with a Suspension of Sentencing
The client suspected of violating the Military Criminal Act was able to conclude the case with a judgment of suspension of sentencing through a prompt response.
1. Military Criminal Act | An Actual Case of a Client Suspected of Insulting a Superior Officer
The client suspected of violating the Military Criminal Act was a soldier serving as a maintenance specialist.
Feeling displeased and harboring a grudge because a staff sergeant, his superior, had made a joke, the client publicly insulted that superior by hurling profanities in front of fellow soldiers within the same barracks.
Afterward, in the battery barracks as well, he made remarks that a squad leader was sexually promiscuous, and he continued to make insulting remarks about another superior in a situation where others were listening.
Through this series of acts, the client was indicted for the crime of insulting a superior officer under the Military Criminal Act, and because the statutory penalty for that crime is prescribed only as imprisonment with or without labor, there was a situation in which the possibility of an actual custodial sentence was raised.

Elements of Insulting a Superior Officer
Insulting a superior officer is a crime that may be established where a person engages in rude or insulting words or conduct toward a senior in the military.
The elements are as follows.
① Directed toward a superior officer
② Where the person makes an insulting remark or engages in conduct that lowers the superior's social standing
Punishment Standards for Violation of the Military Criminal Act
The crime of insulting a superior officer is punishable under Article 64 of the Military Criminal Act.
Act | Level of Punishment |
Where a person insults a superior officer in the superior's presence | Imprisonment with or without labor for up to 2 years |
Where a person insults a superior officer by displaying a document, drawing, or effigy, or by a speech or other public means | Imprisonment with or without labor for up to 3 years |
Where a person publicly states a fact and thereby defames a superior officer | Imprisonment with or without labor for up to 3 years |
Where a person publicly states a false fact and thereby defames a superior officer | Imprisonment with or without labor for up to 5 years |
2. Military Criminal Act | Strategy to Defend against Punishment
In a case of insulting a superior officer under the Military Criminal Act, how, and with what mitigating grounds, one persuades the court at the sentencing stage, rather than a simple dispute over the facts, determines the level of punishment.
1. Preparation of sentencing materials to prove first-time offender status and remorse
The military criminal law specialist attorney systematically submitted a letter of apology, a petition, and work performance evaluations in order to emphasize that the client was a first-time offender with no prior record of criminal punishment and that he was deeply remorseful about the case.
Taking the points that the case had occurred impulsively and that it was an emotional reaction as the focus of persuasion, the attorney emphasized the possibility of rehabilitation of the client's character.
2. Settlement with the victims and a deposit measure
Through direct communication with the victims, the military criminal law specialist attorney confirmed their intention not to seek punishment, and for the remaining victim, conveyed the client's sincerity through a deposit with an official depository.
Through this, the attorney explained to the court that the client had not stopped at mere remorse but had taken active follow-up measures.
3. Design of a suspension-of-sentencing strategy and persuasion
Considering the characteristics of the crime of insulting a superior officer, for which a fine is not possible, the military criminal law specialist attorney structured the strategy in a direction that would minimize the client's future disadvantages through a suspension of sentencing.
The attorney persuaded the court by emphasizing that it was preferable to give the client an opportunity for self-reflection rather than an actual custodial sentence.
How Should One Respond?
The crime of insulting a superior officer is classified as a serious crime under the Military Criminal Act, for which a fine is not possible and which can even result in an actual custodial sentence.
Therefore, the early response is very important.
the attitude of one's statements at the investigation stage, the preparation of a letter of apology and a petition, and an attempt at an amicable settlement with the victim all have a significant impact on sentencing.
Above all, it is important to set the direction of the case well at the outset through the assistance of defense counsel specializing in military criminal cases.
3. Military Criminal Act | Result of the Assistance: Avoiding an Actual Custodial Sentence and Obtaining a Suspension of Sentencing
As a result of the case under the Military Criminal Act,
the court, comprehensively considering the fact that the client had made the remarks impulsively out of emotion, that he had faithfully carried out the settlement with and deposit for the victims, and that he was a first-time offender, decided on a 'suspension of sentencing' without imposing a sentence of imprisonment.
As a result, the client was able to conclude the case without not only an actual custodial sentence but also a suspended sentence, and to minimize disadvantages to his return to society and career path after discharge.
A military criminal case can, even from a momentary mistake or misunderstanding, lead to serious consequences such as an actual custodial sentence, disadvantages upon discharge, and disciplinary action.
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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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