[Asia Economy Military Specialist Yang Nak-gyu] The perpetrator who sexually harassed the late Air Force Sergeant Lee Yeram was sentenced to 7 years in prison in the second trial.
According to the National Defense Ministry on the 14th, the High Military Court delivered this sentence during the appeal trial of Air Force Sergeant Jang held on the 14th. In the first trial at the Ministry of National Defense Ordinary Military Court in December last year, he was sentenced to 9 years in prison.
The first trial court differed from the military prosecution, which sought a 15-year sentence, by accepting the defendant's claim that the text messages sent by Sergeant Jang to Sergeant Lee, which implied suicide, were an 'apology act,' and thus considered this part as retaliation threat charges.
In the second trial, which followed appeals by both the military prosecution and the defendant, the retaliation threat charge remained a key issue. The military prosecution focused on proving this charge and again sought a 15-year sentence, but the sentence was actually reduced by 2 years.
The court stated, "Although the victim reported the defendant's crime to superiors, concealment and pressure to settle were instead imposed, and except for the victim's family, proper assistance within the military was not received. The victim did not receive the protection measures deserved and instead felt alienated, causing continued mental suffering. This vicious cycle within the military is also seen as a major cause of the victim's extreme choice," adding, "The result of the extreme choice cannot be solely attributed to the defendant."
It continued, "Considering the penal function that allows the defendant to take appropriate responsibility for the crime, correct the wrongdoing, and reintegrate into society, the original sentence is somewhat heavy and unjust," and thus overturned the original ruling.
Attorney Kang Seok-min, representing the bereaved family, criticized the military court for making a judgment against common sense.
He pointed out, "The Supreme Court will only determine the guilt or innocence of retaliation threat without judging the sentence, so this reduction in sentence is like sprinkling red pepper powder," and added, "If retaliation threat is recognized, the case will be remanded to the Seoul High Court, but the legal issues are not easy, so the bereaved family faces tremendous difficulties."
If the military prosecution appeals the second trial, the Supreme Court will hold the final appeal trial instead of the military court. Sergeant Lee, who belonged to the Air Force 20th Fighter Wing, was sexually harassed by his senior Sergeant Jang during an evening gathering on March 2 last year. After complaining about the damage, he suffered from persuasion and pressure from colleagues and superiors, and ultimately made an extreme choice on May 21.
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