Q
Will juvenile crimes also receive criminal punishment and result in a criminal record?
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Civil attorney, my father has been gone from home for over 10 years. It seems my father took out loans from loan companies. They suddenly called my mother and me, saying they can't reach my father and demanding we repay instead. They continue calling day and night — do we have to repay in his place?
juvenile crime
juvenile crime punishment
juvenile protection trial
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作者: 김국일
You asked about juvenile crime punishment.
Minors aged 10 or older but under 14 may receive protective measures under the Juvenile Act, but minors aged 14 or older may be subject to both the Juvenile Act and Criminal Act simultaneously, meaning they can also receive criminal punishment.
Generally, crimes by minors result in protective measures through juvenile protection trials.
Juvenile protection trials can be considered as trials that impose protective measures for the rehabilitation of minors rather than for punishment purposes.
However, if the nature of the crime is severe and protective measures are deemed inappropriate, the case may be referred to a prosecutor and lead to criminal punishment, so caution is required.
Although juvenile crimes may be reduced compared to adults, crimes equivalent to life imprisonment can result in 15 years of imprisonment, and general imprisonment sentences can be up to 5-10 years.
Therefore, it is important to assess factors that may mitigate sentencing and establish a defense strategy against punishment.
As for criminal records, you also asked about this. According to Article 32 of the Juvenile Act, protective measures do not leave a criminal record, but if criminal punishment is imposed, a criminal record will remain.
Therefore, if your child is involved in a juvenile crime, we recommend obtaining legal advice from a school violence attorney to prepare a defense strategy in advance to ensure the case can be concluded with protective measures if possible.
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