In relation to the late Private First Class Lee Yae-ram's death case, the company commander charged with secondary harm against her and the military prosecutor charged with making false reports about the case were both sentenced to one year in prison, with a two-year suspension, by the Supreme Court. Additionally, the battalion commander, who was charged with negligence for failing to prevent secondary harm against Private First Class Lee, was acquitted.
The first division of the Supreme Court (Chief Justice Seo Gyeong-hwan) upheld the second trial's sentence of one year in prison, with a two-year suspension, for former company commander Kim, who was charged with defamation, and former military prosecutor Park, who was charged with making false reports. The acquittal of former battalion commander Kim, who was jointly charged with neglect of duty and obstruction of duty, was also confirmed consecutively through the first and second trials.
Private First Class Lee, who was belonging to the 20th Fighter Wing of the Air Force, reported a sexual assault by her senior, Sergeant Major Jang, in March 2021. However, she faced secondary harm and ultimately took her own life during a military prosecution investigation. Following this, controversy arose regarding the military prosecution's inadequate investigation, leading to a special investigation.
After Private First Class Lee was harmed, former company commander Kim was accused of defamation for telling false information about Lee to the company commander at the 15th Special Mission Wing, where she was planning to transfer. Former military prosecutor Park, who was in charge of the investigation into Lee's case at the time, was charged for delaying the investigation despite knowing about the deterioration of Lee's psychological state and circumstances of secondary harm.
Former battalion commander Kim faced accusations of neglecting his duties as a superior by failing to report that the assailant, Sergeant Major Jang, was not separated from the victim, Private First Class Lee, after the incident, and by delaying disciplinary decisions.
The first trial sentenced both Kim and Park to one year in prison. The first trial court found all charges against former company commander Kim guilty. Former military prosecutor Park was found guilty of the charges of making false reports and unauthorized departure, but acquitted of neglect of duty and violation of the Special Act on the Punishment of Sexual Violence Crimes (such as confidentiality).
Moreover, the first trial acquitted former battalion commander Kim. The first trial court stated, 'Although there may be some inappropriate or insufficient aspects to the actions taken by the battalion commander, and it is true that an unjust result arose from such reasons, this alone cannot establish a charge of neglect of duty.'
The second trial sentenced former company commander Kim and former military prosecutor Park to each one year in prison, with a two-year suspension. This was a lighter sentence than the first trial. The second trial court maintained the same judgments of guilt or innocence as the first trial but accepted their claim that 'the sentence was too severe.' The second trial also acquitted former battalion commander Kim, as in the first trial.
The prosecution, along with former company commander Kim and former military prosecutor Park, appealed the second trial verdict. However, the Supreme Court found no issues with the second trial's judgments and confirmed their sentences.