Non-commissioned officer rubs snow on officer's face during snow removal... "Not guilty of assaulting superior"

Acquittal Upheld in 2nd Trial Following 1st
High Court: "Negligent Act but Acceptable by Social Norms"

A non-commissioned officer who was prosecuted for assaulting a superior after rubbing snow on an officer's face during snow removal work was acquitted in the second trial following the first trial. On the 7th, the Seoul High Court Criminal Division 8 (Presiding Judges Kim Jae-ho, Kim Kyung-ae, Seo Jeon-gyo) announced that it had acquitted Mr. A, who was charged with assaulting a superior, the same as in the first trial. Corporal A was deployed for a 'snow removal operation' at a military base in Gyeonggi Province on December 23, 2022. Two days before Christmas, A and other unit members started a snowball fight regardless of rank during the operation.

Seocho-dong Courthouse

Mr. A threw a snowball at junior officer B, who had recently transferred to the unit, and B chased after A and retaliated by sprinkling snow with both hands. Then, A grabbed the collar with B's rank insignia, forced him to bend over, and rubbed snow on B's face with his hand. The military prosecutor charged A with assaulting a superior. The basis was B's refusal, saying "Really stop" at the time. Under the Military Criminal Act, a superior is a person with command authority in a command-obedience relationship, and even without such a relationship, a higher-ranking person is considered equivalent to a superior. Assaulting a superior is punishable by imprisonment for one to ten years if committed in front of the enemy, and up to five years in other cases.

The military court in the first trial acquitted A, citing reasons such as difficulty in trusting the testimony of B, the victim in the snow removal 'operation' situation. On the other hand, the Seoul High Court in the second trial stated, "B's testimony is consistent in major parts and describes the situation at the time in detail to an extent difficult to fabricate without direct experience," acknowledging that A's act of rubbing snow on the other person's face was factual. However, it judged that punishing A's act as assaulting a superior was excessive.

The appellate court explained, "A's act was a careless act that disrupted military order, but it is insufficient to be considered an unlawful use of force punishable under the Military Criminal Act for assaulting a superior," adding, "It is within the bounds of social acceptance." It also added, "Although B expressed refusal, considering that B sprinkled snow toward A who was running away just before, A might have thought even that was part of the snowball fight or a prank."

Meanwhile, the military court is a special court that tries criminal cases involving military personnel. However, sexual crimes and crimes committed before enlistment are tried in general civilian courts. In the past, there was a High Military Court that handled appeals for military personnel, but it was disbanded as of July 1, 2022. Therefore, in criminal cases involving military personnel, the first trial is handled by the military court, but the second trial is transferred to civilian courts.

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