[Reporter Munkyeong A from the Digital Team [email protected]]
**Violation of related regulations in military training orders and execution… Sub-commander receives three-year prison sentence**
The company commander involved in the death of a recruit from the 12th Division of the Army, charged with ordering harsh military training, has been sentenced to 5 years and 6 months in prison.
On the 25th, the Supreme Court’s 3rd Division (Presiding Judge Lee Sook-yeon) confirmed the original sentence of 5 years and 6 months in prison for the company commander, Kang, who was indicted on charges including negligent homicide. The sub-commander, Nam, who was indicted on the same charges, also received a confirmed sentence of 3 years in prison.
Kang and Nam were indicted last May for abusing and imposing harsh acts by ordering military training that violated related regulations, such as marching with full gear, running, and other excessive drills, on six trainees, including Park, at the training field of the 12th Infantry Division’s recruit training center in Inje-gun, Gangwon-do.
They were also accused of failing to take appropriate measures for Private Park, who collapsed during training, leading to his death.
The prosecution investigated the circumstances and concluded that the unlawful military training could be seen as abuse, leading to Park’s death, and brought charges of negligent homicide against them.
In the first trial, Kang received a five-year prison sentence. The court viewed the case as an overlapping of various offenses stemming from a single act and applied the sentence for the most severe crime.
However, the second trial considered it a case of multiple separate offenses, leading to a slightly increased sentence of 5 years and 6 months for Kang.
In cases of conceptual overlap, punishment is based on the heaviest crime, while in cases of multiple offenses, the sentence can be increased by up to half of the heaviest crime’s punishment.
The second trial court noted, “Since specific acts of harshness and abuse vary for each victim, they can be recognized as multiple separate acts, not just one.”
The court further stated, “The defendants, as military commanders, perpetuated a backward form of military culture, leading to a preventable fatal accident.”
It continued, “The defendants’ crimes directly betray the fundamental expectation in our society that the state will protect the lives and bodies of soldiers, warranting severe accountability.”
The Supreme Court found no error in the original judgment and dismissed the appeal.
Nam was sentenced to three years in prison in both the first and second trials and did not appeal, finalizing his sentence.