▲ The above picture is not directly related to the content of the article.


The court sentenced a soldier who fell asleep while on guard duty at a post office a suspended sentence of imprisonment.



According to the legal community today (27th), the 7th Criminal Division (Chief Judge Chul-min Jeong) recently sentenced A (23), who was accused of violating the elementary age under the Military Criminal Act, to 4 months in prison and 1 year of probation.



Person A is accused of sleeping three times at the guard post, saying that she was "tired" between May 12 and July 17 last year while serving in an air force unit in North Chungcheong Province.



It was revealed that Mr. A instructed his successor to "wake up before the end of duty" to his successor, who was put on duty together, and lay on the floor of the guard post and slept for about 4 to 5 hours while the successor stood guard alone. 



According to the current Military Criminal Act Article 40 (violation of the elementary age), if you sleep while on guard duty, you will be punished.



If the sleeping situation is a state-provoked situation or a spy infiltrates, the punishment is the death penalty, life imprisonment, or imprisonment for more than two years, and if it is a wartime, incident, or martial law, the punishment is imprisonment for not more than 5 years.



In addition, even in peacetime, you can be sentenced to up to two years in prison.



A key factor in whether or not to be punished is 'intentional'. Working on a vigilante while working all night long, unable to overcome drowsiness and falling asleep for a while is considered a physiological area, so it is not subject to punishment in most cases.



However, it is known that if it is proved that he intentionally neglected the post office, such as causing his successor to be ruined, he will be punished.



In response, Mr. A was placed in a military court on charges of violating the elementary age, and as he was discharged from the military in the course of the trial, he continued the trial in a general court. 



The court pointed out that "the defendant violated the ordinance three times," but explained the reason for the sentencing, saying, "We are considering the fact that people who served in the military with the accused plead for mercy."