Last year, a company commander who caused a trainee's death by subjecting them to excessive military discipline training at the Army New Recruit Training Center was sentenced to a longer term in the appeals court.
The Seoul High Court's Chuncheon branch first criminal division (presiding judge Lee Eun-hye) on the 18th overturned the first trial verdict that sentenced company commander Kang (28, female, captain) to 5 years in prison for charges including abusive homicide, and instead sentenced her to 5 years and 6 months in prison. The same sentence of 3 years in prison was given to deputy company commander Nam (26, lieutenant), who was also indicted on the same charges.
The court revealed that unlike the lower court's judgment, which viewed this case as one act constituting multiple crimes (imaginary competition), it judged it as substantial competition (committing multiple separate crimes) and increased Kang's sentence compared to the lower court.
The court also noted, "The defendants' abusive conduct in this case is not a singular event, but rather can be recognized as multiple acts since the specific abusive behaviors and their reasons differ for each victim," and explained that "Kang, as the company commander and chief responsible officer, led the military training and thus a heavier punishment was unavoidable."
Previously, Kang and Nam were indicted for committing abusive acts by making six trainees, including the late Park, complete activities like running in full military gear, sprinting, and push-ups in hot weather in violation of relevant laws. During this process, trainee Park collapsed and died.
After the trial, the victims' lawyer said, "The recognition of the defendants' actions as abusive acts on a per-victim basis acknowledges the substantial competition aspect, which significantly broadens the scope for increasing the penalty in terms of sentencing."