CONTENTS
- 1. The Client Who Came to the Pyeongtaek Child Abuse Attorney

- - The Pyeongtaek Child Abuse Attorney's Understanding of the Case
- - The Pyeongtaek Child Abuse Attorney's Review of the Case's Statute of Limitations
- - The Pyeongtaek Child Abuse Attorney Argued That the Statute of Limitations Had Expired in the Client's Case
- - The Pyeongtaek Child Abuse Attorney's Review of the Statute of Limitations Special Provision Under the Child Abuse Punishment Act
- 2. The Pyeongtaek Child Abuse Attorney's Rebuttal of the Prosecutor's Argument

- - Pyeongtaek Child Abuse Attorney: Should the Statute of Limitations Run “Anew”?
- - Pyeongtaek Child Abuse Attorney: Should It Be Treated the Same as the Sexual Violence Special Provision?
- - Pyeongtaek Child Abuse Attorney: Citing the Language of Supreme Court Precedent
- 3. The Pyeongtaek Child Abuse Attorney Obtained a Judgment of Exemption of Prosecution

- - The Judgment of Exemption of Prosecution Explained by the Pyeongtaek Child Abuse Attorney
- - If You Are Looking for a Pyeongtaek Child Abuse Attorney
1. The Client Who Came to the Pyeongtaek Child Abuse Attorney
The client who requested the help of the Pyeongtaek child abuse attorney was indicted about ten years later for a child abuse case and faced the risk of punishment.
The client therefore visited the Pyeongtaek office of Daeryun Law Firm.
The Pyeongtaek Child Abuse Attorney's Understanding of the Case
The Pyeongtaek child abuse attorney set out to understand the situation in which the client's child abuse case from ten years earlier had resurfaced.
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The client therefore came to the Pyeongtaek child abuse attorney, anxious about whether the statute of limitations had not expired,
and whether, in the case of child abuse, punishment was indeed warranted, and requested help while trembling with anxiety.
The Pyeongtaek Child Abuse Attorney's Review of the Case's Statute of Limitations
The Pyeongtaek child abuse attorney secured the indictment and the evidence records.
Based on those materials, the attorney examined how the statute of limitations for the case had run.
1. The defendant's final offense date: around the winter of 2009 (let us assume December 31).
2. Effective date of the Act on Special Cases concerning the Punishment of Child Abuse Crimes: September 29, 2014
Statute of limitations suspended(until the day the victim child reaches adulthood)
3. The day victim Kim OO reaches adulthood: January 10, 2021.
4. Date of institution of prosecution: April 3, 2024.
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The Pyeongtaek Child Abuse Attorney Argued That the Statute of Limitations Had Expired in the Client's Case
The Pyeongtaek child abuse attorney looked up the penalty provisions of the former Child Welfare Act that applied at the time of the offense and determined the length of the statute of limitations.
Looking at the penalty provisions of the former Child Welfare Act,
Looking at the penalty provisions of the former Child Welfare Act, the client's child abuse conduct was
conduct punishable by imprisonment for not more than 7 years and 6 months or a fine of not more than 45 million won
Criminal Procedure Act Article 249 (Period of the Statute of Limitations) (1) The statute of limitations is completed upon the lapse of the following periods. 4. For a crime punishable by imprisonment with or without labor for a maximum term of less than 10 years, √ 7 years |
For the client's conduct, the statute of limitations is set at 7 years.
From the client's final offense date to the effective date of the special act, the statute of limitations ran for approximately 4 years and 9 months, after which it was suspended,
and from the time the victim children reached adulthood until prosecution was instituted, the statute of limitations ran for approximately 3 years, so it can be confirmed that the statute of limitations had expired.
The Pyeongtaek Child Abuse Attorney's Review of the Statute of Limitations Special Provision Under the Child Abuse Punishment Act
The Pyeongtaek child abuse attorney examined the provision that sets out a special rule on the statute of limitations for child abuse.
Because that special provision contains no express rule regarding retroactive application and the like, whether it can be applied retroactively must be judged with care.
Act on Special Cases concerning the Punishment of Child Abuse Crimes Article 34
(1) Notwithstanding Criminal Procedure Act Article 252 (Starting Point of the Statute of Limitations) (1) The statute of limitations runs from the time the criminal act is terminated.), the statute of limitations for a child abuse crime runs from the day the victim child of the child abuse crime reaches adulthood.
This Act takes effect on the day after the lapse of 8 months following its promulgation. |
2. The Pyeongtaek Child Abuse Attorney's Rebuttal of the Prosecutor's Argument
The Pyeongtaek child abuse attorney prepared a rebuttal argument concerning the point at which the statute of limitations applies, which was the basis for the prosecutor's decision to indict. The prosecutor argued that a new statute of limitations of 7 years should apply from the time the victim child reached adulthood. The Pyeongtaek child abuse attorney countered that the enforcement of the Child Abuse Punishment Act only suspends the statute of limitations going forward, and that a new statute of limitations should not be applied.
Pyeongtaek Child Abuse Attorney: Should the Statute of Limitations Run “Anew”?
Regarding the prosecutor's argument that the statute of limitations should run “anew” from the day the child abuse victim child reaches adulthood, the Pyeongtaek child abuse attorney
√ argued that this is an interpretation contrary to the fundamental principles of the Criminal Procedure Act.
The Criminal Procedure Act sets the starting point of the statute of limitations as the “time the criminal act is terminated.”
Pyeongtaek Child Abuse Attorney: Should It Be Treated the Same as the Sexual Violence Special Provision?
The Pyeongtaek child abuse attorney argued that the statute of limitations special provision of the Child Abuse Punishment Act and the statute of limitations special provision of the Act on Special Cases concerning the Punishment of Sexual Crimes
√ cannot be interpreted identically merely because their structures are the same.
Pyeongtaek Child Abuse Attorney: Citing the Language of Supreme Court Precedent
Citing past Supreme Court precedent, the Pyeongtaek child abuse attorney argued that the statute of limitations special provision of the Child Abuse Punishment Act
√ does no more than suspend the running of the statute of limitations going forward.
3. The Pyeongtaek Child Abuse Attorney Obtained a Judgment of Exemption of Prosecution
In the client's case, the Pyeongtaek child abuse attorney fully rebutted the prosecutor's argument and argued that the statute of limitations had expired. This argument was accepted as presented, and a judgment of exemption of prosecution was pronounced.
The Judgment of Exemption of Prosecution Explained by the Pyeongtaek Child Abuse Attorney
The “exemption of prosecution” pronounced by the Pyeongtaek child abuse attorney in the client's case refers to a judgment in a criminal case that concludes the litigation without proceeding to a judgment on the merits (a judgment of guilt or innocence).
Because no determination of guilt or innocence is made, the client cannot be said to be acquitted.
That is, it cannot be judged whether or not a crime exists.
In social terms, therefore, a judgment of exemption of prosecution tends to be thought of as an acquittal.
In addition, once a judgment of exemption of prosecution is received, the person is not tried or prosecuted again for the same crime.
The principle against double jeopardy applies.
The client therefore will not be investigated again by an investigative agency for the same child abuse.
If You Are Looking for a Pyeongtaek Child Abuse Attorney
If you are looking for a Pyeongtaek child abuse attorney, you may seek out the Pyeongtaek office of Daeryun Law Firm.
If, like the client, you are indicted for a past matter after time has passed, it is advisable to examine whether the statute of limitations applies.
At Daeryun Law Firm, attorneys with expertise in criminal cases manage cases through legal collaboration.
Because tailored solutions are provided based on citation of past precedent and data on cases similar to the client's case, case handling can proceed more readily.
If your case is being reinvestigated after a considerable amount of time has passed, it is advisable to determine whether the statute of limitations applies together with an expert.
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