Suncheon Criminal Attorney | Assisting a Client Charged With Deception to Evade Duty and Obtaining a Suspension of Sentencing

The Suncheon criminal attorney's client was a member of the military at the time of the offense.

While serving in the military, the client took leave and felt that his leave period was far too short.

At the time, visiting the Independence Hall earned one day of consolation leave,

and he decided to take advantage of this.

He did not visit the Independence Hall, but copied and forged a fellow soldier's certificate confirming a visit to the Independence Hall, submitted it, and received consolation leave.

In addition, during another leave period, he pretended to have caught the flu when he had not, and in order to extend his leave, he forged a flu diagnosis text message, submitted it, enjoyed an additional 3 days of leave, and then returned.

As a result, the client was indicted for deception to evade duty, obstruction of official duties by deceit, falsification of public electronic records, and other charges.

The Suncheon criminal attorney will explain the statutes that the client violated.

There are four in total.

Military Criminal Act Article 41 (Deception for the Purpose of Evading Duty) (1) A person who injures his own body for the purpose of evading duty shall be punished as classified in the following subparagraphs.

1. In the case of being before the enemy: death penalty, life imprisonment, or imprisonment of at least 5 years

2. In other cases: imprisonment of up to 3 years

(2) A person who, for the purpose of evading duty, feigns illness or uses other deception shall be punished as classified in the following subparagraphs.

1. In the case of being before the enemy: imprisonment of up to 10 years

2. In other cases: imprisonment of up to 1 year

🔗Article 79 (Unauthorized Absence) A person who temporarily leaves his place of duty or a designated place without permission, or fails to reach a designated place by a designated time, shall be punished by imprisonment with or without labor of up to 1 year or a fine of up to 3 million won.

Criminal Act Article 137 (Obstruction of Official Duties by Deceit) A person who obstructs the performance of official duties of a public official by deceit shall be punished by imprisonment of up to 5 years or a fine of up to 10 million won.

Criminal Act Article 227-2 (Falsification or Alteration of Public Electronic Records) A person who, for the purpose of disrupting the handling of affairs, falsifies or alters the electronic records or other special media records of a public official or public office shall be punished by imprisonment of up to 10 years.

The Suncheon criminal attorney's client violated Article 41(2)2 of the Military Criminal Act, Article 79 of the Military Criminal Act, Article 137 of the Criminal Act, and Article 227-2 of the Criminal Act.

As a result, the client's case involved concurrent crimes, and he faced the risk of imprisonment of up to 5 years.

The Suncheon criminal attorney set out to assist the client in order to prevent his punishment.

The court, having heard the Suncheon criminal attorney's assistance, issued a judgment of suspension of sentencing for the client.

The court showed leniency on the grounds that, although the Suncheon criminal attorney's client bears heavy culpability, the client admitted his wrongdoing and showed remorse and was a first-time offender.

Although the client had committed several offenses, with the Suncheon criminal attorney's assistance he was able to receive a judgment of suspension of sentencing, and the client's crimes were serious offenses that could have resulted in a custodial sentence.

If you are in a situation like the client's, a prompt response is important, so entrust your case to a Suncheon Daeryun Law Firm criminal attorney right away.