Soldier in His Twenties Sentenced to Suspended Prison Term for Sexually Insulting Female Sergeants

Busan District Court Sentences Soldier to Suspended Prison Term

A soldier in his twenties who was put on trial for sexually insulting female non-commissioned officers has been sentenced to a suspended prison term.

According to Yonhap News on June 17, the Busan District Court Criminal Division 5 Single Judge (Presiding Judge Kim Hyunseok) sentenced Mr. A, who was indicted on charges of insulting a superior, to four months in prison with a one-year suspension of execution.

(This photo is not directly related to the article.) Pixabay

Mr. A was accused of making sexually insulting remarks about two female sergeants, who were his superiors in the unit, while talking with other soldiers in a barracks in Yeoncheon County, Gyeonggi Province, in April of last year.

The first-instance court determined that Mr. A went beyond merely expressing interest in the victims of the opposite sex and demeaned them by sexually objectifying them.

The court stated, "This constitutes contemptuous expressions that could lower the victims' social standing," and added, "It is also recognized that Mr. A had the intent to insult the victims, who were his superiors."

According to Supreme Court precedents, in the case of insulting a superior, 'insult' refers to expressing abstract judgments or contemptuous feelings that can lower the social evaluation of the superior, without specifying factual details. Insulting a superior can be established even if the insult is made face-to-face in a place where no one else is present.

Normally, in the case of insult, if only two people are conversing, the offense is not established due to lack of publicity. For the crime of insult to be recognized, there must be a possibility that the remarks could be disseminated to an unspecified number of people in the presence of three or more individuals.

The court stated, "Considering the circumstances and content of Mr. A's remarks, his culpability is not light," and added, "He has not been forgiven by the victims." However, the court explained the sentencing by stating, "Mr. A has generally shown remorse, and it was his first offense."

Meanwhile, according to the '2024 Military Gender Equality Index Survey and Analysis Study' submitted by the Ministry of National Defense to Yoo Yongwon, a member of the People Power Party, the military's overall gender equality index score was calculated at an average of 63.63 points across five survey areas.