
Legal Q&A
Q
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Are military sexual offenses different from ordinary sexual offenses? To get to the point, a friend of mine committed some sort of sexual offense within the military and became involved in a criminal case, and he asked me to write a letter of appeal for him. He called me in a hurry, saying that military sexual offenses differ from ordinary sexual offenses and that the level of punishment is severe, so I am wondering whether the level of punishment really is different. I am looking for someone who can explain this to me in detail.
military sexual offense
Answer
Published:
Author : DongIl PARK
Military sexual offenses are punished far more strictly than ordinary sexual offenses.
The reason lies in the special nature of the military as an organization.
A military sexual offense is not merely a crime between individuals, as it can lead to a decline in the unit's cohesion and morale and, further, to a weakening of national defense capability.
In addition, because the military is a closed environment, victims are often placed in a disadvantageous position in their relationships with superiors or colleagues, so the degree of harm may increase.
The Military Criminal Act applies not only to active duty officers, warrant officers, noncommissioned officers, and enlisted soldiers, but also to persons holding military status, such as officer cadets and military civilian employees, and a sexual offense committed during service may be punished even after discharge.
The most common type of military sexual offense is sexual molestation, and Article 92-3 of the Military Criminal Act provides for this separately.
When a soldier commits an indecent act against another soldier through assault or intimidation, he may be sentenced to imprisonment for a limited term of at least one year, which differs greatly from the crime of indecent act by compulsion under the ordinary Criminal Act, in that there is no fine and the likelihood of an actual prison sentence is high.
If you have further questions regarding military sexual offenses, we recommend that you confirm the specific details of the case, the possibility of punishment, and response measures through consultation with an attorney experienced in military criminal cases.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

YoungHeum KIM
T. 070-5221-2387
Experience as a division chief prosecutor [corporate litigation] at the Seoul Western District Prosecutors' Office · Attorney specializing in criminal law, sex crimes, and military criminal law

In Ho SEO
T. 070-7510-3368
3rd·5th Corps Military Judge 2nd·11th Division Legal Staff Officer experience

HyeonSu KIM
T. 070-7510-2018
Officer at Seongseo Police Station, Daegu Metropolitan Police Agency Experience as an Investigation Officer at the Seoul Metropolitan Government Audit Commission
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MoreClient Reported for Military Sexual Molestation Obtains Non-Referral as the Military Criminal Attorney Establishes No Suspicion of Crime
Suspension of Sentencing on a Charge of Indecent Act by Compulsion Against Military Personnel Under the Military Criminal Act
A Case of Obtaining Suspension of Indictment for an Air Force Sexual Molestation Charge
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