Non-commissioned officer found guilty in second trial for false reporting after soldier's finger amputation

1st Military Court Imposes 10 Million Won Fine for Gross Negligence Injury
2nd Seoul High Court Rules "False Report Also Guilty... Suspended Prison Sentence"

A 30-year-old non-commissioned officer, charged with injuring a soldier's finger while playing a prank and making a false report to a superior, was sentenced to a suspended prison term in the appeals trial. Photo unrelated to the article content.

[Asia Economy Reporter Kim Daehyun] A naval non-commissioned officer who injured a soldier while playing a prank by putting his finger into a hydraulic cutter was found guilty of 'false reporting' in the appellate court and received a heavier sentence.

According to the court on the 16th, the Seoul High Court Criminal Division 4-2 (Presiding Judges Oh Youngjun, Kim Bokhyung, Jang Seokjo) recently sentenced NCO Lee (30, male), who was indicted for gross negligence injury and false reporting, to one year in prison with a two-year probation.

Previously, on November 7, 2019, at 4 p.m., while working as a maintenance NCO at a naval unit, Lee was prosecuted for causing injuries with a total recovery period of 52 weeks, including partial amputation, multiple lacerations, and open fractures, after Sergeant A (20, male) asked about the hydraulic cutter he managed. Lee put A's finger into the cutter as a prank and operated it.

Lee was also charged with false reporting for telling his superior, a captain, that "an accident occurred during the process of moving the hydraulic cutter." The full details of the incident only came to light after Sergeant A was discharged two months later and returned to the unit. According to Article 38 of the current Military Criminal Act, "Anyone who makes a false order, notification, or report related to military affairs shall be punished."

The first trial held at the ordinary military court found Lee guilty only of gross negligence injury and sentenced him to a fine of 10 million KRW. The false reporting charge was acquitted because "the Military Criminal Act does not separately require informing the right to refuse to testify before reporting," and "if such cases were always punishable, it would effectively force individuals to bear criminal responsibility before investigative agencies."

The military prosecutor appealed, arguing that "false reporting charges should apply when false facts are reported about matters subject to criminal punishment," while Lee appealed on the grounds that "the sentence is too heavy."

The appellate court accepted the military prosecutor's claim and imposed a suspended prison sentence. Citing Supreme Court precedents that "the right to refuse to testify means the right to passively refuse to testify and does not guarantee the right to actively make false statements," the second trial court stated, "The legislative intent of the relevant punishment provisions is to impose a duty of truthfulness on reporting soldiers to prevent paralysis and confusion of military functions caused by false reports."

The court pointed out, "The defendant caused serious injury to the victim as a prank. He reported false facts out of fear of disadvantage during the reporting process. Due to the lack of proper accident cause analysis, recurrence prevention measures, disciplinary actions, and investigations at the unit level, the nature of the crime is not good considering the circumstances before and after the crime. The victim has permanent finger damage."

However, the court added, "The defendant is a first-time offender who sincerely regrets and deeply reflects on his wrongdoing," and "considering the substantial compensation paid and the victim's desire not to pursue punishment, the sentencing conditions were comprehensively reviewed."