

Q
What punishment is imposed when military abuse is detected?
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I divorced 10 years ago when my child was 5, and my ex-husband took all parental rights and custody for economic reasons. But now he's remarrying and says he'll leave the child with his parents. I've been meeting the child regularly and want to live together, but the in-laws and my ex-husband are angry saying that will never happen. Economically, I'm now stable enough to raise the child. Can parental rights set at the time of divorce be changed?
military abuse
military criminal act
Answer to Related Inquiry
Author: 박동일
Under Article 62 of the Military Criminal Act, a person who commits abuse or cruel acts by abusing authority shall be sentenced to imprisonment for up to 5 years.
Also, a person who commits abuse or cruel acts by exercising force shall be sentenced to imprisonment for up to 3 years or a fine of up to 7 million won.
And under Article 92-3 of the Military Criminal Act, the punishment for indecent act by force is stipulated as imprisonment for 1 year or more.
Military abuse refers to abusing authority within the military to abuse other soldiers or to commit cruel acts by exercising force. Acts that cause others to suffer shame, humiliation, or pain fall under this category.
Abuse using authority is stipulated only as imprisonment without fines, and the sentence may be aggravated depending on the repetitiveness and severity of the abuse.
As such, military abuse confuses the order of the military and damages the trust of the organization, so more strict punishment is imposed.
Therefore, if involved in this charge, it is advantageous to consult a specialist attorney with rich experience in military criminal cases and respond to the case systematically.
It is good to conduct careful consultation with a legal expert to clearly identify legal issues and lead the case favorably.

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