Deals & Cases
Military Attorney Assistance Case | Suspension of Indictment for a Client Suspected of Cruel Treatment in the Military, Including Assault and Intimidation
The client who came to the military attorney had been accused of cruel treatment toward a junior soldier, but with the assistance of an attorney who has handled numerous military cases, the matter was concluded with a suspension of indictment.
1. The Client Who Sought a Military Attorney
The client who came to the military attorney faced the risk of criminal punishment on charges of having committed cruel acts against a junior soldier in the military, including assault, intimidation, and insult.
The client therefore came to our firm to obtain the assistance of an attorney who has handled numerous military cases.
How the Involvement in Cruel Treatment in the Military Arose
The client who came to the military attorney had been criminally charged with cruel treatment in the military.
The client, currently serving as a soldier, continued to verbally abuse a junior who did not follow orders, on the grounds of disciplining him.
What began as part of training escalated in severity, and the junior, who could no longer endure the insulting remarks, eventually reported the client for 🔗cruel treatment in the military.
As a result, the client faced the risk of criminal punishment along with disciplinary action within the military.
The client could not hide his anxiety during his first military police investigation, and so he came to a military attorney who had handled numerous military cases and requested assistance in order to defend against punishment.

2. Case-related information provided by a military lawyer

Like a military lawyer's client, if you violate the rules or obligations that must be observed as a soldier, this may lead to disciplinary action.
However, separate from military disciplinary action, criminal punishment may occur, so extra caution is required.
What is the level of criminal punishment for military brutality?
If you commit a crime while in the military, you will be punished according to military criminal law, not general criminal law.
▶A person who abuses his/her authority and commits abuse or harsh acts
▶A person who has exercised power and committed abuse or harsh acts.
Additionally, if you insult, threaten, or assault a sentry, you will be subject to the following punishment.
▶A person who insults a guard to his face
▶A person who assaulted or threatened a sentry
In other cases: imprisonment for not more than 5 years
In the Military Criminal Act, the crime of assault and intimidation is not subject to the crime of impunity against the will, so even if an agreement is reached with the victim, it can lead to a trial, so more caution is needed.
What is the level of discipline in the military?
According to Article 56 of the Military Justice Act, if a soldier's dignity is damaged or orders are violated, disciplinary action may be taken within the military in addition to criminal punishment.
| relegation | Disciplinary action lowering one rank from the applicable rank. |
| Military training | Education and training on military spirit and attitude toward service is provided at institutions prescribed by Ordinance of the Ministry of National Defense. |
| pay cut | Reduction in amount equivalent to one-fifth of compensation |
| shortened vacation | Shorten the number of vacation days specified during the period of service |
| probation | Prohibition from regular service, except for training and education, and disciplinary action that requires students to reflect on their misconduct in a specific location |
| reprimand | Identify and discipline misbehavior or mistake |
Since the client could have received not only disciplinary action but also criminal punishment, it was important to find extenuating circumstances to defend against punishment.
3. Three Forms of Assistance Provided by the Military Attorney
The military attorney closely reviewed the relevant precedents and statutes in order to promptly assist the client, who was overwhelmed by anxiety.
In particular, this matter could result not only in military disciplinary action but also in criminal punishment, so it was important to seek grounds for mitigation in order to defend against the punishment.
The military attorney formed a task force with attorneys who had handled numerous military criminal cases and established a strategy to defend the client against punishment.

Military Criminal Attorney's Argument 1: Deep Remorse
The military criminal defense attorney emphasized that the client was sincerely reflecting on his own conduct.
The client participated faithfully in the military police investigation, admitted all of the facts of his offense, and sought to express a sincere apology to the junior soldier.
In particular, through his attitude of not evading responsibility even while accepting punishment, it was possible to highlight the client's genuine remorse.
Military Criminal Attorney's Argument 2: Settlement With the Victim
The military criminal attorney emphasized that the client had reached an amicable settlement with the victim.
Following the attorney's advice, the client not only conveyed a sincere apology to the victim but was also able to secure a settlement agreement and a statement of no desire for punishment from the victim.
On this basis, the attorney was able to demonstrate that the client recognized his responsibility toward the victim and made genuine efforts toward actual recovery of the harm.

Military Criminal Attorney's Argument 3: Efforts to Prevent Reoffending
The military criminal defense attorney emphasized that the client was making efforts on multiple fronts to prevent reoffending.
The client demonstrated a commitment to preventing reoffending through various efforts toward improvement, such as sending a letter of apology to the victim's family and completing a recidivism prevention education program.
This made it possible to show that the client was actively working to take responsibility for his conduct.
4. Result of the Military Attorney's Assistance: "Suspension of Indictment"
As a result of the military attorney's assistance in defending the client against punishment, the military prosecution issued a decision to suspend indictment on all three matters of insult, intimidation, and assault.
The client expressed deep gratitude, stating that thanks to the military attorney's assistance he was able to defend against criminal punishment.
Case-Related Information Provided by the Military Attorney
If a crime is committed while holding the status of a service member, punishment is imposed under the Military Criminal Act rather than the general Criminal Act.
▶A person who, by abusing authority, commits an act of maltreatment or cruelty
▶A person who, by exercising coercion, commits an act of maltreatment or cruelty
In addition, a person who insults, threatens, or assaults a sentry will be subject to the following punishment.
▶A person who insults a sentry to the sentry's face
▶A person who assaults or threatens a sentry
In other cases: imprisonment for not more than 5 years
In particular, the offenses of assault and intimidation under the Military Criminal Act are not crimes that cannot be punished against the victim's will, so even if a settlement is reached with the victim, the case may still proceed to trial, which calls for greater caution.
Beyond Criminal Punishment, What About Disciplinary Action Within the Military?
In addition, under Article 56 of the Military Personnel Management Act, if a service member damages the dignity of the military or violates an order, disciplinary measures within the military may be imposed in addition to criminal punishment.
| Demotion | A disciplinary measure lowering the relevant rank by one grade |
| Military discipline training | Education and training on the military spirit and service attitude, conducted at an institution prescribed by Ministry of National Defense ordinance |
| Pay reduction | A reduction in the amount equivalent to one-fifth of the remuneration |
| Leave reduction | A reduction in the set number of leave days during the service period |
| Confinement to quarters | A disciplinary measure prohibiting ordinary duty other than training and education, and requiring reflection on the misconduct at a designated place |
| Reprimand | An admonition after identifying the misconduct or error |
If You Are Currently Involved in a Case of Cruel Treatment in the Military

What are the advantages of consulting a military attorney?
As in this client's case, where the client faced the risk of criminal punishment for cruel treatment within the military but received a suspension of indictment with the assistance of a military attorney, crimes occurring within the military may be punished more severely than under the general Criminal Act, so greater caution is required.
The military attorneys and other experts of the National Defense and Military Group at Daeryun Law Firm are attorneys with a deep understanding of the Military Criminal Act, and they form a task force tailored to each case and respond promptly to the client's case.
If, like this client, you face the risk of criminal punishment for cruel treatment within the military, please request prompt assistance from a military attorney through a 🔗legal consultation reservation.
At branch offices near military units nationwide, we will conduct consultations promptly regardless of weekends, public holidays, and the like, and provide assistance.
Check out video content
related to this case as well.
What is the punishment given for 'sexually harassing and insulting a successor in the military'?

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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