A man in his 20s who forced a subordinate soldier to play a mutual punching game and choked him with a hat chin strap during military service received a suspended sentence after reaching a settlement with the victim.
Judge Park Dong-wook of the Chuncheon District Court's Criminal Division 3 announced Monday that he had suspended a 10-month prison sentence for A, 22, who was indicted on charges of abuse of power, assault and insult.
A suspended sentence is a ruling in which sentencing for a minor offense is deferred for a set period. If the defendant commits no further offenses during that time, the case is treated as dismissed — meaning the right to prosecute lapses and no conviction is recorded.
According to the indictment, A was charged with subjecting Private B, 20, to what was called a "one-punch game" at a military unit in Gyeongsan, North Gyeongsang Province, from Aug. 1 to Aug. 3 last year, striking B hard on the shoulder with his fist in three separate incidents of abuse.
A used rock-paper-scissors to determine the order of punches, then had B and another soldier take turns hitting one another in a rotation of about 25 rounds.
A, who was a corporal and squad leader at the time, pulled B into the game despite B's refusal to participate, telling him to "come quickly."
In July last year, A placed a jungle hat with a chin strap on the back of B's head in their barracks under the pretense of playing a prank, then laid B down and pushed the buckle up the strap to choke him.
The following month, A struck B on the chest with a military belt because B had laughed during roll call.
The defense argued in court that the game had been played in a relaxed atmosphere and did not constitute abuse, but the court rejected the claim.
The court found the abuse charges proven, noting that B's lower rank would have made it difficult for him to refuse A's proposal, that the game continued even after B complained of pain and asked to stop, and that B had sustained bruising on his arm — indicating the assault was of considerable force.
The court also upheld the assault charges, citing B's detailed account of the objects used and the circumstances of the incidents.
"The nature and method of the offenses, as well as the respective positions of the defendant and the victim, reflect poorly on the quality of the crime," Judge Park said in the ruling. "However, the sentence was determined by weighing the fact that the defendant paid a substantial sum to reach a settlement and that the victim does not wish to see punishment imposed, along with the defendant's clean prior record."
husn7@heraldcorp.com
