The Successor Forgave, but Received a Suspended Prison Sentence
"Crime Committed at Military Base... Dismissal of Prosecution Under Military Criminal Act Not Allowed"

A man in his 20s who repeatedly assaulted a junior soldier during his military service, including burning his arm with a lighter flame, was sentenced to a suspended prison term in the first trial.


On the 20th, the Criminal Division 12 of the Seoul Southern District Court (Presiding Judge Dang Woo-jeung) announced that it had sentenced A, a man in his 20s, who was charged with assault under the Criminal Act and injury to a superior officer under the Military Criminal Act, to six months in prison with a one-year suspension.


A enlisted in the army in March 2022 and served at a unit in Hwacheon-gun, Gangwon Province. He was brought to trial on charges of repeatedly bullying and assaulting his junior B over the course of about a year.


Without any reason, he kicked B with his foot, saying he was annoyed, and subjected B to various forms of abuse, such as inserting a pen between B’s fingers and twisting it, accusing him of "not properly performing military duties."

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A continued the abuse even after B became a squad leader, a superior in rank. He is also accused of heating a lighter and pressing it against B’s arm, causing burns, because B did not report to the officers that he had gone to a remote area.


A’s crimes were discovered by superiors who saw the burn wounds on B’s arm during the evening roll call. Although B expressed that he did not want A to be punished, the court’s stance was different.


In court, A’s side argued, "Since B expressed that he did not want to press charges, the assault charge, which is a crime requiring the victim’s complaint, does not apply," and "Most of the assaults were merely pranks, and the act causing burns was minor enough not to qualify as ‘injury’ under the Criminal Act."


However, the court stated, "Since the crimes occurred on a military base, under the Military Criminal Act, even if there is an expression of non-prosecution, the case cannot be dismissed."


The court judged, "The victim suffered a burn about 2 cm in size on his elbow due to the defendant’s actions, and even 12 days after the incident, the burn blister remained. This constitutes injury as it damaged the physical integrity and caused functional impairment."



Regarding the sentencing, the court explained, "Although the nature of the defendant’s crime is not light, considering the minor degree of injury, the victim’s wish not to punish the defendant, and that the defendant is a first-time offender, the sentence was determined."


This content was produced with the assistance of AI translation services.

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