Indecent Act by Compulsion Against Military Personnel | Suspension of Sentencing on a Charge of Indecent Act by Compulsion Against Military Personnel

2025.07.03고병준

This is the account of a military client who had faced the risk of punishment on suspicion of indecent act by compulsion against military personnel. The client was suspected of having committed an indecent act by compulsion against a service member, and with the assistance of a military attorney he received a suspension of sentencing.

1. The Client Charged with Indecent Act by Compulsion Against Military Personnel

This is the account of a client who came to our firm facing the risk of punishment on a charge of indecent act by compulsion against military personnel.

After enlisting in the military and completing life at the training center, the client was assigned to the unit involved in this case and was carrying out military service there.

The client, who was reserved by nature, had been spending a lonely period of military service.

During that time, the fellow soldier who is the victim in this case first approached the client, and the two reportedly became very close.

Because the client found the victim so comfortable and familiar, the client, as an expression of that closeness, touched the victim's stomach or arm and hugged the victim from behind.

The victim expressed refusal several times, but the client did not take this seriously and continued the physical contact.

As a result, the victim filed a complaint against the client for indecent act by compulsion against military personnel, and the client came to face the risk of punishment in this case.

The Client's Denial of the Offense

The client stated that, when the investigation proceeded on a charge of indecent act by compulsion against military personnel based on the victim's complaint, he denied the offense out of a sense of injustice.

As to the reason for denying the offense, the client said that although the victim had occasionally expressed refusal, she would again get along well with the client after some time, so he thought that it was not an indecent act by compulsion against military personnel.

2. Explanation of the Concept of Indecent Act by Compulsion Against Military Personnel

Indecent act by compulsion against military personnel refers to an act of indecent act by compulsion against a service member to whom the Military Criminal Act applies.

Here, a service member refers to an officer, warrant officer, noncommissioned officer, or enlisted person on active duty.

Also, indecent act by compulsion refers to the crime of committing an indecent act against a person by assault or intimidation.

The crime of indecent act by compulsion applies regardless of sex, and where one commits an indecent act against a person by assault or intimidation, it applies even where a man commits an indecent act against a man.

There need not necessarily be an exercise of physical force, and the Supreme Court regards a surprise indecent act itself as an assault and recognizes a charge of indecent act by compulsion.

Punishment Level for Indecent Act by Compulsion Against Military Personnel

In the case of an indecent act by compulsion against an ordinary person, the offender is subject, under the Criminal Act, to imprisonment for not more than 10 years or a fine not exceeding 15 million won.

However, in the case of 🔗indecent act against a military member committed against a military member, the offender is subject, under the Military Criminal Act, to imprisonment for a definite term of at least one year.

Military Criminal Act Article 92-3 (Indecent Act by Compulsion) A person who commits an indecent act, by assault or intimidation, against a person prescribed in Article 1 (1) through (3) is subject to imprisonment for a definite term of at least one year.

Because this is a crime for which there is no upper limit on the sentence and which is prescribed with imprisonment alone, without even a fine, anyone who faces a charge of indecent act by compulsion against military personnel must respond quickly to have a chance of avoiding an actual custodial sentence.

3. The Specialist Attorney Responding to the Charge of Indecent Act by Compulsion Against Military Personnel

The specialized attorney responded to the client's charge of indecent act by compulsion against military personnel as follows.

Accompaniment During the Police Investigation

The attorney accompanied the client to the client's second police investigation.

The attorney persuaded the client to acknowledge the charge and show an attitude of remorse, and the client acknowledged all of the offense during the investigation.

In this process, the attorney emphasized that the client had denied the offense at the time of the first investigation due to a memory of having played similar pranks with the victim, and that the client now realized he had hurt the victim and acknowledged and was remorseful for all of his wrongdoing.

Criminal Deposit

The attorney carried out the criminal deposit procedure on the client's behalf.

The client had tried to communicate with the victim and apologize, but there was no way to find out the victim's contact information.

The attorney applied to inspect and copy the victim's personal information, but received a notice of refusal from the prosecution.

The attorney therefore carried out the criminal deposit procedure on the client's behalf, and the client deposited 10 million won for the recovery of the victim's harm.

Referral to a Psychological Counseling Center

The specialist attorney connected the client with the Daeryun Psychological Counseling Center and helped the client complete psychological education for the prevention of sexual offense recidivism.

The specialist attorney submitted the certificate of completion of the psychological education and an expert opinion as sentencing materials for the client.

On this basis, the attorney emphasized that the client's likelihood of recidivism was extremely low and requested leniency for the client.

4. Result of Responding to the Charge of Indecent Act by Compulsion Against Military Personnel

Result of the Response to the Indecent Act by Compulsion Against Military Personnel Charge

As a result of the specialized attorney's response to the client's charge of indecent act by compulsion against military personnel, the court rendered a judgment of suspension of sentencing for the client.

Suspension of sentencing is a judgment in which the charge is recognized but the pronouncement of the sentence itself is deferred, and if no offense is committed for a certain number of years, the sentence itself may be exempted.

As a result, even though the client had committed the offense of indecent act by compulsion against military personnel, the client was able to return to society.

The firm's specialized attorneys prepare a response strategy tailored to the client as soon as the case is entrusted.

In cases of indecent act by compulsion against military personnel, a military law attorney well versed in the Military Criminal Act, a criminal law attorney, and the evidence investigation center collaborate to provide a one-stop response service.

If you are in a situation similar to that of this client, please proceed now with a 🔗legal consultation reservation.

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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