Military sex crimes can be punished, including dismissal or dismissal... What to do?

The military is an important organization directly connected to national security, and discipline and discipline are strictly maintained. In particular, more severe punishment is being imposed for sex crimes that occur within the military.

Military criminal law has higher sentences than general criminal law, and only stipulates a lower limit of imprisonment without fines. According to Article 92-3 of the Military Criminal Act, if soldiers or those with equivalent status commit acts that cause sexual humiliation through assault or intimidation, they are subject to imprisonment for a limited period of one year or more without a fine. Therefore, if you are serving in the military or are a member of the military, you should be aware of this information.

In addition, sexual offenses in the military are grounds for military disciplinary action. You may be subject to disciplinary action separate from criminal punishment. Aggravated punishment may vary depending on the factors, but may range from a relatively light reprimand to severe punishment, such as pay reduction, demotion, or even dismissal or dismissal.

Among the cases I handled, I would like to explain a case of forced harassment by a soldier. In this case, the suspect, who was a military official, forcibly molested the victim, who was a subordinate. At that time, the suspect made physical contact against the victim's will, such as rubbing his face against the victim's face. The suspect claimed it was just a prank, but the victim filed a complaint with the police, saying she felt sexually humiliated and humiliated by the act.

It may have started as a joke, but the suspect's actions had a big impact. This is because it was a situation where he could be subject to not only criminal punishment but also disciplinary action. There was a high possibility that the worst-case scenario would occur where the suspect, who was close to retirement age, would not receive pension payments ahead of retirement. According to relevant laws, pension payments could be restricted if a person is dismissed for serious corruption or crimes.

The author looked closely at the case for the suspect who deserved the lowest possible punishment. Since the circumstances were clearly proven, an attitude of reflection was important. The priority was to admit all charges and offer a sincere apology to the victim. Thanks to these efforts, we were able to obtain forgiveness from the victim and elicit his intention not to be punished. In addition, as a result of comprehensively examining various factors such as completion of recidivism prevention training and petitions from bystanders, the case was concluded with a suspended indictment.

Park Gyeong-ok, a military lawyer at Daeryun Law Firm, said, "In order to resolve military sex crime cases like this, the role of an agent is essential. In the case above, if you proceeded with the case alone and responded by recklessly claiming innocence by saying, 'I did nothing wrong,' there was a high possibility that it would have the adverse effect of aggravated punishment." He added, "Because the initial response greatly determines the outcome, it is important to prepare the right strategy through sufficient consultation with a military lawyer. “I think it is necessary,” he said.

Reporter Jin Ga-young (lawissue) (news@lawissue.co.kr)

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Soldier sex crimes can be punished as well as dismissal or dismissal... What to do? (Shortcut)