I was charged with assault — what are the requirements for self-defense to be established?

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My spouse and I are a dual-income couple and couldn't pay much attention to our child. At some point they seemed to start going astray... but since there were no real problems, we just let it be. Then yesterday, we got a call from the school saying another child's mother filed an assault complaint against our child... Our child is 13, a juvenile under the criminal age limit. Can crimes by juveniles under the criminal age limit still be punished? I'm so worried they might end up in prison...

assault crime

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作者: 박동일

A situation like yours, where you immediately reacted to defend yourself against the other party's threat, may be recognized as self-defense.

For assault crime, an act to defend the legally protected interests of oneself or another from a current unjust infringement is not punishable as the illegality is not established when there is reasonable cause.

However, if the defensive act exceeds its proper degree, the punishment may be reduced or exempted depending on the circumstances.

The requirements for self-defense in an assault crime are as follows:

(1) Legitimacy of the motive or purpose of the act
(2) Reasonableness of the means or methods of the act
(3) Balance of legal interests between protected interests and infringed interests
(4) Urgency of the act
(5) Subsidiarity that there are no other means or methods besides the act

If these requirements are met, you may be recognized as having acted in self-defense and may not be punished for assault.

The police or prosecutors comprehensively judge based on the specific circumstances at the time of the situation.

Therefore, securing specific statements and evidence about the situation at the time of the assault is very important.

For specific details, please prepare an assault crime defense strategy through consultation with a criminal attorney.