Insult of a Superior Officer Case | A Soldier Who Verbally Abused a Superior Obtains a Suspension of Sentencing With the Assistance of a Criminal Defense Attorney

The client had long been on poor terms with a superior officer, Mr. A, and felt dissatisfied because he believed that Mr. A discriminated against him and his fellow soldiers.

Later, in a setting where many people were present, the client was unable to control his emotions and directed severe verbal abuse at Mr. A. As a result, he became subject to an investigation by the military Ministry of Justice on the charge of publicly insulting a superior officer.

Fearing punishment, the client requested assistance with the case of insulting a superior officer from an attorney specializing in military criminal cases.

The attorney specializing in military criminal cases assisted the client by explaining that, on the basis of Article 59 of the Criminal Act (Penal Code), a suspension of sentencing could be considered when certain circumstances exist.

It was emphasized that, although the client was at fault for making inappropriate remarks to a superior officer, the following points sufficiently warranted the expectation that he would not commit the same wrong again even without the pronouncement of a sentence.

The attorney specializing in military criminal cases reviewed precedents in which a suspension of sentencing had been pronounced in situations similar to that of the client.

According to Busan District Court 2021 Godan 907, a suspension of sentencing was pronounced in consideration of the fact that, although the defendant had made insulting remarks to a superior officer, he had performed his military service diligently and posed a low risk of reoffending.

Accordingly, the attorney specializing in military criminal cases emphasized, focusing on the client's specific circumstances and sincerity, that a suspension of sentencing could readily be considered.

With the assistance of the attorney specializing in military criminal cases, the client prepared a settlement with Mr. A and carried out a deposit with an official depository.

The attorney specializing in military criminal cases served as a facilitator during the settlement process so that the client could resolve the case promptly, and supported the smooth progress of the procedure by advising on the calculation of the deposit amount and the method of submission.

It was emphasized that, accordingly, Mr. A expressed his intention not to seek punishment of the client and prepared a settlement agreement that was submitted to the court.

Insulting a superior officer may be punished as follows under Article 64 of the Military Criminal Act.

Because the level of punishment is higher than that for ordinary insult, an early response is of the utmost importance if one becomes involved in such a case.

Daeryun LLC has numerous attorneys with extensive experience in military criminal cases.

Considering the particular circumstances of each case and internal military regulations, the firm establishes tailored strategies and provides prompt and accurate legal responses.

If you become involved in a case of insulting a superior officer, please feel free to request assistance from Daeryun LLC through the 🔗Legal Consultation Booking.