Military Sex Crime Resolution Case | Service Member Who Committed a Sex Crime, Suspended Sentence Defended

The client who requested assistance from a Daeryun military sex crime attorney faced a military sex crime complaint for an indecent act by compulsion against a female cadet in the same unit.

On the day of the incident, the client returned to the lodging after drinking with several peers, including the complainant.

Suggesting that they talk a little more, the client entered the complainant’s room.

While talking with the complainant, the client touched her knee with his hand and stroked her back.

The complainant filed a complaint against the client for intrusion into a room and military indecent assault, and the client came to the military sex crime attorney at Daeryun Law Firm.

If a person who is a service member becomes involved in a military sex crime, the Military Criminal Act applies rather than the general Criminal Act, and a more aggravated punishment is imposed.

■Indecent Act by Compulsion Against Military Personnel
• Committing an indecent act against military personnel by assault or intimidation (Military Criminal Act Article 92-3): imprisonment for at least one year
• Quasi-indecent act by compulsion (an indecent act exploiting a state of unconsciousness or inability to resist) (Military Criminal Act Article 92-4): punished in accordance with the provisions of Article 92-3

■Intrusion Into a Room
•A person who intrudes upon another’s residence, a managed structure, a vessel or aircraft, or an occupied room is subject to imprisonment for not more than three years or a fine not exceeding 5 million won

The sex crime attorney at Daeryun argued that the complainant’s statements regarding the scope and conduct of the indecent act were inconsistent, and that the credibility of the statements was therefore low.

The sex crime attorney at Daeryun argued that, because a long time had passed after the incident occurred, the complainant’s memory might not be accurate.

The incident had occurred one year earlier.

The attorney emphasized that the complainant filed the complaint one year after the incident occurred, and that her memory regarding the alleged indecent act by the client might not be clear.

The sex crime attorney at Daeryun argued that the client was deeply remorseful.

The military sex crime attorney also emphasized that the client was a first-time offender with no prior record of criminal punishment for a military sex crime.

A military sex crime case reflects the special nature of military status, so the punishment is stricter than in a general criminal case.

Unlike civilian investigative agencies, military investigative agencies operate under the direction of the unit commander and the legal staff officer. The military police refer the case to the military prosecution, the military prosecutor seeks a trial, and when the court-martial proceeds, the military judge renders the judgment.

Because separate statutes, practices, and rules apply, the assistance of a professional attorney with extensive related experience is needed.

Daeryun Law Firm has a team of professional attorneys with backgrounds as military legal staff officers, military judges, military prosecutors, and at the Defense Acquisition Program Administration, and it provides practical legal services suited to each situation based on the authoritative interpretations and precedents of the military courts.

If you need help with a related case, you may turn to Daeryun Law Firm.