Service Member Complaint Defense Case | Accused of Military Indecent Act by Compulsion but Concluded With Suspension of Indictment

The client, who was working as a career soldier and was the subject of a complaint, was talking with the soldiers during work and mentioned that his stubble was very rough.

One of the soldiers told him to rub it against the soldier's own chin to see how rough it was, and the client followed and rubbed his cheek against the soldier's chin.

While doing so, a female noncommissioned officer who was unable to join the conversation came into the client's view, and this officer was around the age of the client's daughter.

In order to encourage this officer to also take part in the conversation, the client quietly approached and rubbed his cheek against the officer's chin.

The officer was startled, so the client apologized repeatedly for surprising her, and about one year later the officer quit her job and filed a complaint against the client on the charge of indecent act by compulsion against military personnel, leading to this case.

Under the Military Personnel Management Act, a person who has committed a sex crime and been sentenced to a fine of 1 million won or more, where that sentence has become final and three years have not yet passed, falls under the grounds for disqualification as a serviceperson.

Accordingly, if the client were sentenced to a fine of 1 million won or more for a sex crime under the Act on Special Cases concerning the Punishment of Sexual Crimes, the client could not only be stripped of the client's status as a serviceperson but could also be deprived of all future benefits such as a pension.

The attorney first set about acting on the client's behalf in reaching a settlement with the victim in this case.

The victim was refusing all communication with the client, so the attorney conveyed an expression of apology to the victim's counsel and set about negotiating the settlement amount.

In response, the victim accepted the client's apology and expressed the intention not to seek punishment of the client.

The specialized attorney recommended that the client complete a recidivism prevention education program for sexual offenses and obtain a certificate of completion, so that it could serve as a ground for mitigation.

After completing the recidivism prevention education program for sexual offenses, the client examined his own gender sensitivity and showed a resolve never to reoffend.

The specialized attorney submitted the client's certificate of completion and requested that it be appropriately reflected in sentencing.

The attorney provided the client with guidelines for letters of appeal and recommended that the client obtain letters of appeal for leniency from acquaintances.

The client's coworkers and family members wrote letters of appeal stating that they would watch over the client so that the client would not reoffend, and requesting leniency on this one occasion.

The attorney submitted these letters of appeal and requested that leniency, such as a suspension of indictment, be granted to the client.

The specialized attorney emphasized that the client's family depended solely on the client's salary to make a living.

The client's family members are unemployed, and the client alone is responsible for their livelihood.

The attorney requested leniency, arguing that if the client were sentenced to a fine of one million won or more, it would pose a serious risk not only to the client but also to the livelihood of the family.

When a person is charged while holding the status of a service member, the risk of criminal punishment as well as risks to livelihood such as disciplinary action and removal from position may arise, so a specialized attorney must be retained early to respond.

This firm has criminal law attorneys, military criminal attorneys, and sex crimes attorneys collaborate in an integrated manner on cases involving complaints against service members to prepare a response strategy suited to the client.

If you are in crisis after a complaint has been filed against you as a service member, please proceed with this firm's 🔗Legal Consultation Booking now.