First Trial: 4 Months Imprisonment, 1 Year Probation for Defamation
"Sexual Insulting Behavior, Crime Disrupting Military Discipline"
A man in his 20s who made remarks expressing a desire to engage in sexual acts by mentioning a female superior's specific body parts in a barracks where fellow soldiers were present was sentenced to prison for insulting a superior.
On the 30th, Judge Kim Si-won of the Criminal Division 1 at the Yeongwol Branch of Chuncheon District Court announced that A (23), who was indicted for insulting a superior and assault, was sentenced to four months in prison with a one-year probation.
A was charged with insulting his superior, non-commissioned officer B, three times by saying things like "Isn't your butt O sexy?" and "I want to spank your butt" in May to July last year while serving as a soldier in a barracks within a military unit in Cheorwon, in front of 4 to 5 fellow soldiers.
The indictment also included charges of assaulting fellow soldier C in May of the same year for dropping AirPods, and after being quarantined at the Combat Power Restoration Center due to a COVID-19 diagnosis and returning to the unit, hugging and assaulting soldier C four to five times.
During the trial, A argued that his remarks "do not constitute insult as defined under the crime of insulting a superior," but Judge Kim ruled, "Making remarks that objectify a woman with whom there is no special emotional bond as a target for sexual acts is a contemptuous expression sufficient to cause sexual humiliation to the woman."
Judge Kim further stated, "Considering the order of the military organization and the legislative intent of the crime of insulting a superior, the defendant's remarks constitute insult to a superior," adding, "The defendant made sexually humiliating remarks about a female superior in the presence of fellow soldiers, which is a serious offense and the culpability is not light."
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