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Violation of the Military Criminal Act, etc.
Violation of the Military Criminal Act, etc.Suspension of sentencing

Military Criminal Law Specialist Attorney Case | Military Criminal Law Specialist Attorney, Defense Securing a Suspension of Sentencing for a Violation of the Military Criminal Act

An attorney specializing in military criminal matters was asked to assist a client who was implicated in multiple charges, including violation of the Military Criminal Act. With the support of Daeryun's attorney specializing in military criminal cases, the client obtained a suspension of sentencing.

1. The Client Who Requested the Assistance of a Military Criminal Law Specialist Attorney

군형사전문변호사

The client who sought assistance from an attorney specializing in military criminal matters 🔗violation of the Military Criminal Act, 🔗alteration of an official document, and had committed several other offenses. Seeking a resolution to the matter, they asked Daeryun's attorney specializing in military criminal cases for assistance.

The Circumstances Under Which the Client Requested the Assistance of a Military Criminal Law Specialist Attorney

The account of the client who sought assistance from an attorney specializing in military criminal matters is as follows.

The client, a service member, conspired with the other defendants to alter the time on a special leave pass in order to leave the unit earlier than the authorized departure time.

In doing so, they altered the special leave pass, an official document, and handed the pass to the other defendants and used it together.

By this method, the client and the other defendants temporarily left the unit without authorization and did not return to the military unit by the designated time.

This individual was implicated in multiple charges, including violation of the Military Criminal Act, alteration of an official document, and use of an altered official document, and faced the risk of severe punishment.

Hoping to defend against punishment for these charges with the support of a specialized attorney, they asked an attorney specializing in military criminal matters for assistance.

2. The Laws Relevant to the Case Explained by a Military Criminal Law Specialist Attorney

Together with an attorney specializing in military criminal matters, we will review the statutes relevant to this case.

Military Criminal Act Article 79 (Unauthorized Absence)

A person who temporarily leaves a place of duty or a designated place without permission, or who fails to reach a designated place by a designated time, shall be punished by imprisonment with or without labor for not more than one year or by a fine not exceeding three million won.

Criminal Act Article 225 (Forgery or Alteration of Official Documents, etc.)

A person who, for the purpose of uttering, forges or alters a document or drawing of a public official or public office shall be punished by imprisonment for not more than ten years.

Criminal Act Article 230 (Unlawful Use of Official Documents, etc.)

A person who unlawfully uses a document or drawing of a public official or public office shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding five million won.

3. The Assistance Provided by the Military Criminal Law Specialist Attorney

The attorney specializing in military criminal matters analyzed the precedents relevant to the client's case and developed a careful strategy in order to obtain the most lenient outcome possible.

The attorney made the following arguments and requested leniency for the client.

Military Criminal Law Specialist Attorney, Arguing That the Leave-Pass Verification Procedure Was Inadequate

In order to leave the base, the client passed through the main gate and presented the altered leave pass to a service member.

The person in charge did not follow the procedure of comparing the leave pass presented by the client against the approved leave pass.

The attorney emphasized that, had the procedure for verifying the leave pass been carried out properly, the client's use of an altered official document might have remained an attempt, and the client might not have become involved in the offense of unauthorized absence.

Military Criminal Law Specialist Attorney, Arguing That a Suspension of Sentencing Was Granted in Similar Cases

There was a case in which two enlisted soldiers jointly forged a shared leave pass, presented it to a sentry, and were absent without authorization for eleven hours and forty minutes.

In that case, although the court acknowledged all of the charges of forgery of an official document, use of a forged official document, intrusion into a guard post, and unauthorized absence, it rendered a judgment of suspension of sentencing.

On the basis of this precedent, the attorney specializing in military criminal matters earnestly requested that a suspension of sentencing also be granted in this case.

Military Criminal Law Specialist Attorney, Arguing That It Was a One-Time Offense

The client's acts of altering an official document, using an altered official document, and committing an unauthorized absence were all a one-time offense.

The duration of the client's unauthorized absence was only four hours in total, which is relatively short, and the purpose of the absence may be regarded as entirely personal.

Accordingly, because the degree and the consequences of the offense in this case were not serious, the attorney earnestly requested that a suspension of sentencing be granted.

4. The Court's Decision on the Military Criminal Law Specialist Attorney's Arguments

Accepting the arguments of the attorney specializing in military criminal matters, the court ruled, 'The pronouncement of the sentence against each of the defendants is hereby suspended.'

If You Have Violated the Military Criminal Act

Military criminal cases are treated more strictly than ordinary criminal cases, so it is advantageous to respond in the early stages of the case.

Daeryun's National Defense and Military Group handles not only administrative procedures related to personnel matters, such as the discipline of service members, and cruel treatment, but also various types of military-related disputes.

It responds to each matter by establishing a strategy suited to the client's situation based on the precedents of the military courts.

If, as in the case above, you need to defend against punishment for a violation of the Military Criminal Act, you may wish to consider the legal services provided by Daeryun.

군형사전문변호사 사례 | 군형사전문변호사, 군형법위반 선고유예 방어

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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