Pohang attorney | A Pohang attorney who obtained a suspension of sentencing for a client suspected of insulting a superior officer

The client who came to the Pohang attorney stated that he was under suspicion of insulting a superior officer, and we looked into the circumstances that brought him to Daeryun's Pohang office.

The client was a soldier on active duty holding the rank of corporal. While tidying up quarters within the military barracks with two junior soldiers, he allegedly referred to the victim, Staff Sergeant A, and uttered profanities, thereby insulting the victim, who was his superior officer.

The Pohang attorney's client had committed the offense of insulting a superior officer under the Military Criminal Act,

Military Criminal Act Article 64 (Insult of a Superior, etc.)

② A person who insults a superior by displaying a document, a drawing (圖畵), or an effigy (偶像) in public (公示), or by a speech or any other public (公然) means shall be punished by imprisonment with or without labor for not more than three years.

The client had committed an offense punishable under Article 64, Paragraph 2 of the Military Criminal Act.

The Pohang attorney established the following defense strategy and proceeded to represent the client.

After hearing the Pohang attorney's arguments, the court handed down a suspension of sentencing for the client.

A suspension of sentencing refers to a measure under which, for a defendant whose offense is minor, the crime is recognized but the pronouncement of the sentence is deferred.

If, within two years from the date of receiving the suspension of sentencing, no other offense is committed, the pronouncement of the sentence is exempted.

Insulting a superior officer is an offense punished severely under the 🔗Military Criminal Act, with no fine available and punishment by imprisonment with or without labor; with the Pohang attorney's assistance, the client was able to avoid punishment.

If, like the client in this case, you are facing the risk of punishment for insulting a superior officer, the specialist attorneys at Daeryun's Pohang office are available to assist you with your case.