Criminal case attorney, do minors receive the same sentencing as adults?

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A year ago, my 8th-grade son almost went to trial for assaulting an academy teacher, but we settled it well with a non-prosecution agreement with the victim. But last week, I suddenly got a call that the victim's side filed a damages lawsuit. We had a non-prosecution agreement, and they took 30 million won in settlement and consolation money — shouldn't that be the end of it? Do I need to defend against an assault damages lawsuit?

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作者: 박동일

Hello. This is the criminal case attorney of Daeryun Law Firm (LLC).

Being a minor doesn't unconditionally mean that the punishment is lighter, and the applicable laws and disposition methods differ depending on age.

In criminal cases, age is a key criterion for judging responsibility capacity and punishment severity.

First, those aged 18 to under 19 are legally treated as equivalent to adults, and the Criminal Act applies as is.

Therefore, if theft is recognized, they may be sentenced to imprisonment for up to 6 years or a fine of up to 10 million won, the same as adults, under Article 329 of the Criminal Act.

If aged 14 to 17, this is also an age at which criminal responsibility under the Criminal Act is recognized.

In principle, imprisonment, confinement, or fines may be imposed the same as adults, and depending on the case, protective dispositions such as community service orders may also be issued together.

However, even for crimes that would result in death penalty or life imprisonment if committed by an adult, juveniles cannot be sentenced to death penalty or life imprisonment, and are limited to a maximum of 15 years of definite imprisonment.

If a minor is involved in a criminal case, the outcome can vary greatly depending on the initial response, so it is important to accurately review the case background and applicable laws through consultation with a criminal case attorney.

Please check specific punishment possibilities and response directions through consultation with a criminal case attorney.