20s Enlisted Soldier Who Insulted Female Superiors Mentioning Body Parts... Probation Also Given in Second Trial

Court Suspends 4-Month Prison Sentence

A soldier serving as a driver in the army who sexually insulted female officers and non-commissioned officers in the same unit received a suspended sentence.

On the 1st, Yonhap News reported, "The Criminal Division 3 of the Daejeon District Court (Presiding Judge Son Hyun-chan) upheld the suspended sentence for Mr. A, in his 20s, on appeal for the charge of insulting a superior, as in the first trial." The court maintained the first trial's decision to suspend a four-month prison sentence.

Mr. A, who served as a driver in an army unit in Goseong-gun, Gangwon Province, is accused of sexually insulting four female officers and non-commissioned officers in their 20s to 30s belonging to the same unit between late November and early December 2022.

Mr. A made remarks such as "Isn't there a female officer among our women with a big butt?" and "The third biggest butt in our battalion," mentioning the victims by name. It was also revealed that he showed photos of the victims to other soldiers while insulting them and made comments related to sexual relations.

Mr. A's defense attorney argued in the first trial that "the defendant's remarks do not constitute insults and were not intentional," and that "the statements were made among soldiers living together, so there was no publicity, and they constitute justifiable acts that do not violate social norms."

However, the first trial court judged that Mr. A's remarks were insulting expressions likely to degrade the victims' social evaluation, recognized intentionality, and could not be considered justifiable acts. Considering the severity of the insult implied by sexual objectification of female superiors, the frequency of the remarks, and the significant potential to undermine military order and command structure, the court applied Article 64 of the Military Criminal Act to Mr. A's criminal facts and chose imprisonment.

Nevertheless, taking into account various sentencing factors such as the defendant having been discharged with a low risk of reoffending, the family's plea for leniency, no prior criminal record, and being a first-time offender, the court decided to suspend the four-month prison sentence.

The prosecution appealed, arguing that the sentence in the first trial was too lenient.

The second trial court explained the dismissal by stating, "The crime of insulting a superior damages the military command system and undermines discipline, making it a serious offense. However, considering that the defendant admitted to the crime and showed remorse in the second trial, has been discharged from the military, and is a university student with the potential to become a sound member of society through this case, we will not accept the prosecutor's claim."

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