Deals & Cases

Insult of a Superior Officer
Insult of a Superior OfficerAcquittal

Suwon Law Office | Acquittal of a Soldier Charged With Insult of a Superior Officer Through a Suwon Attorney's Assistance

The client came to the Suwon office to obtain legal advice on a case in which the client faced trial on a charge of insulting a superior officer.

1. How the Client Came to the Suwon Law Office

Suwon Law Office

The client, a soldier reported on a charge of insulting a superior officer, urgently came to the Suwon attorney to request a consultation.

The Client Reported for Insult of a Superior Officer

The account of the client who requested assistance from the Suwon attorney is as follows.

While having a meal with junior soldiers, the client was reported on a charge of insulting a superior officer for allegedly making a sexual remark about A, a superior officer.

However, the client expressed that this was unfair, stating that the client had never made any insulting remark.

The client explained that, because they had usually been somewhat strict with the junior soldiers, they likely harbored a grudge and filed a false report.

After completing the consultation with the client, the Suwon attorney accurately identified the issues in the case and prepared an appropriate response.

The Case Issues Identified by the Suwon Attorney

It was a fault on the client's part to have troubled the junior soldiers and taken a somewhat strict attitude.

However, it appeared that the junior soldiers harbored a grudge over this and reported false facts rather than actual harm.

The Suwon attorney therefore focused on closely analyzing the junior soldiers' statements and securing evidence of the false report in order to thoroughly determine whether they had intentionally reported false facts.

2. Statutes Relevant to the Case Explained by the Suwon Law Office

In the case of insult of a superior officer, a person may be punished by imprisonment with or without labor under Article 64 of the Military Criminal Act.

■ Military Criminal Act Article 64 (Insult of a Superior Officer, etc.) A person who insults a superior officer to the officer's faceImprisonment with or without labor for not more than 2 years

A person who insults a superior officer by displaying a document, drawing, or effigy, or by giving a speech or

by any other public means

Imprisonment with or without labor for not more than 3 years
A person who publicly alleges facts and damages the honor of a superior officerImprisonment with or without labor for not more than 3 years
A person who publicly alleges false facts and damages the honor of a superior officerImprisonment with or without labor for not more than 5 years

Requirements for Insult of a Superior Officer

For a charge of insult of a superior officer to be established, the following requirements must be met.

1. An act insulting a superior officer (a person holding command authority in a relationship of command and obedience)

2. The element of public nature (if the statement was made to the superior officer's face, punishment is possible even without public nature)

3. If a superior officer is insulted by displaying a document, drawing, or effigy, or by giving a speech or any other public means

3. The Suwon Law Office's Two Arguments

To prove the client's innocence, the Suwon attorney prepared a response based on a thorough analysis and made the following arguments.

Suwon Attorney's Argument 1 | No Motive for the Offense

The client had built a close friendship with A, the superior officer.

Accordingly, A stated that the client had no reason whatsoever to insult A.

The client likewise argued that, given the close friendship with A, the client had referred to A by name without using A's rank when speaking to other junior soldiers, but had never made any sexually insulting remark.

Suwon Attorney's Argument 2 | Continual Reversal of Statements

As for the date on which the client allegedly insulted the superior officer, the junior soldiers claimed that they remembered the specific date.

However, the client presented an alibi that the client was on leave and not at the unit at that time.

The attorney emphasized that the junior soldiers then changed their statements to a date other than the one initially given and ultimately reversed their accounts, claiming that the date was difficult to specify.

4. The Court Accepted the Suwon Law Office's Arguments

The court, accepting the Suwon law office's arguments, found the client “not guilty.”

Satisfied with this outcome, the client came to the Suwon office to express repeated gratitude, stating that it was thanks to Daeryun that the client was able to prove the client's innocence.

If You Need the Help of a Law Office?

As in the case above, in a crime of insult of a superior officer, the process of securing the statements of witnesses and collecting relevant evidence is very important, so receiving the help of an attorney can be helpful.

For military clients such as this one, Daeryun Law Firm prepares prompt and thorough legal responses that take into account the particular nature of incidents arising during military service.

The firm also operates offices nationwide and provides legal consultations 365 days a year, around the clock, offering systematic and accurate solutions to legal problems.

If you are facing difficulties in a situation such as the above, please request assistance from a 🔗Suwon Attorney.

수원법률사무소

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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