Punishment of Juvenile Crime | Assisting a Juvenile under Protection and Obtaining Entrustment to Protective Custody

The case of the client, who faced the risk of punishment for juvenile crime, occurred at a karaoke establishment.

On the day of the incident, the client visited the karaoke establishment with friends and happened to witness a situation in which some members of the group began arguing with the victim student.

As the other students continued the assault, the client ended up watching the scene without managing to stop it to the end, and in some moments, caught up in the heated atmosphere, the client made remarks to the effect of "hit him harder," encouraging the assault, and showed inappropriate reactions such as laughing while watching the victim being assaulted, which was pointed out as a problem.

In the end, the victim student suffered an injury requiring two weeks of treatment, and during the investigation it became an issue that, even though the client did not personally commit the assault, the act of encouraging and standing by during the assault at the scene could be assessed as "joint participation."

In responding to the punishment of juvenile crime, the school violence attorney did not pursue this case solely on the argument that "the client did not personally strike anyone."

While acknowledging the seriousness of the case and the suffering of the victim, the attorney focused on accurately organizing the degree of the client's involvement and on proving the circumstances that lowered the likelihood of reoffending.

1. Distinguishing the Degree of Involvement and Organizing the Circumstances
The school violence attorney organized and submitted, in chronological order, the points that the client did not personally carry out the assault and that the client had initially tried to stop the assault but failed to intervene as the situation escalated and ended up standing by. Through this, the attorney emphasized that this reflected an attitude of "acknowledging the facts and showing remorse" rather than evading responsibility.

2. Documenting the Settlement and Recovery of Damages
The school violence attorney specified and submitted the points that the client acknowledged the case, sincerely apologized, and attempted to recover the damages through compensation.

The attorney also organized the circumstance that the victim accepted the apology and expressed the intention not to seek punishment, so that it would be reflected as a mitigating factor.

3. Establishing a Guardian Supervision Plan
To demonstrate the "measures to prevent recurrence" that the juvenile court places importance on, the attorney specified the plan by which the client's mother and father would strictly manage and guide the client, along with measures for managing daily life, and persuasively showed that protective custody within the home could effectively be carried out.

In a case involving the punishment of juvenile crime, the direction of the disposition may differ depending on whether the organization of the facts, the sincerity of remorse, the efforts to recover damages, and the guardian's guidance plan are properly in place.

In particular, where, as in a case involving the punishment of juvenile crime, a "form of participation rather than a direct act" becomes the issue, the key is to accurately distinguish the degree of involvement when submitting the case while maintaining an attitude that does not evade responsibility.

Daeryun Law Firm systematically supports juvenile and school violence cases, from organizing the initial statements to composing written opinions, organizing materials on the recovery of damages, and developing a defense strategy tailored to the points considered in the juvenile court hearing.

If you are at risk of punishment for juvenile crime, we ask that you request assistance through a 🔗legal consultation appointment.