Military affairs attorney, are sex crimes under the Military Criminal Act much different in punishment from sex crimes under the Criminal Act?

Hello. I am a military affairs attorney. The provisions on punishing sex crimes under the Military Criminal Act are far stricter and heavier than the provisions on punishing ordinary sex crimes.

This is because, if a sexually disgraceful incident occurs within the military, it disturbs the order of the military and this can lead to a weakening of overall national defense capability.

Under the Military Criminal Act, a person who commits a forcible indecent act against a service member by assault or intimidation is punished by imprisonment for a definite term of at least 1 year, and a distinctive feature is that there is no fine.

On the other hand, a forcible indecent act under the ordinary Criminal Act is punishable by imprisonment for up to 10 years or a fine of up to 15 million won, showing a great difference.

Because the military is a special environment with a strict chain of command, such strong punishment provisions are in place to raise awareness about sex crimes.

Therefore, if you have become involved in a sex crime case within the military, it is good to seek advice from a military affairs attorney who has handled many military-related cases and to quickly establish a response strategy.

In particular, please keep in mind that matters such as the relationship with the victim, whether there is remorse, and whether a settlement has been reached can greatly affect sentencing, so an active response is needed.