It seems the judge found middle ground here because the officer was convicted of the crime of sodomy, but he did not sentence him to jail since it was suspended for one year. So basically the officer has to stay out of trouble for one year to avoid going to jail. What I am wondering and the article does not clarify was if he was having a relationship with one of his subordinates? Whether you are gay or straight this is something that should not be going on in the military:
South Korea’s military court sentenced an Army captain to six months in prison, suspended for a year, Wednesday on charges of having sex with a fellow male soldier, a civic group said.
The captain, whose identity was withheld, was convicted for violating the Military Criminal Act, according to the Center for Military Human Rights Korea. Under the law, a soldier who commits “sodomy” or “other disgraceful conduct” can face up to two years in prison.
“It is a bizarre clause that only has a perpetrator, without a victim,” the group said in a press release, adding the captain had sexual intercourse at a private place under consent.
The defendant, however, will not appeal the ruling, according to an official at the group.
“The captain was fulfilling his military duty and was originally scheduled to be discharged in April,” the official said. “If he appeals the ruling he will have to stay in the military without knowing when the legal battle will be finished.”
The captain collapsed after the ruling was delivered and was transferred to a nearby hospital but is known to have left the hospital in stable condition, according to the official. [Yonhap]
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