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Deals & Cases

Incitement of assault

School Violence Specialist Attorney | A School Violence Charge for Inciting Peer Assault, Concluded with Entrustment to Protective Custody of a Guardian

The client came to us seeking the assistance of a school violence attorney for their child, who had been placed under investigation as a juvenile subject to protection on a charge of inciting an assault by instigating a quarrel among peers.

CONTENTS
  • 1. School Violence Specialist Attorney | The Circumstances of the Case
    • - Curious About the Types of School Violence Dispositions?
  • 2. School Violence Specialist Attorney | Details of the Assistance
    • - Demonstrating the Immature Judgment of the Juvenile Subject to Protection
    • - Organizing the Letter of Apology and the Efforts at Reconciliation with the Victim
    • - Attaching the Parents' Plan of Efforts to Prevent Recurrence
  • 3. School Violence Specialist Attorney | Result of the Assistance
    • - Why an Early Response Strategy by a School Violence Specialist Attorney Is Necessary

1. School Violence Specialist Attorney | The Circumstances of the Case

This case, for which the assistance of a school violence specialist attorney was requested, began with a consultation by the guardian of A, a middle school student who came to be charged with incitement to assault as a result of careless words and conduct in a peer relationship.

A, the client's child, out of simple curiosity, proposed a fight to friends as a sort of joke and stated that he would give pocket money to the winner, after which the two friends actually came to quarrel.

At the time, the injured student sustained bruising, and the matter expanded beyond a simple conflict into an incitement to assault case, reaching a point where the assistance of a school violence specialist attorney was urgently needed.

School Violence Specialist Attorney | The Circumstances of the Case

Curious About the Types of School Violence Dispositions?

In the case of a juvenile trial, a person under the age of nineteen may receive a protective disposition under the Juvenile Act, and where necessary, criminal punishment under the Criminal Act may also be considered together.

The types of protective dispositions that may be imposed under the Juvenile Act in a juvenile trial are as follows.

Juvenile Protective Dispositions, Nos. 1 to 10

No. 1

Entrustment to the family

No. 2

Attendance order

No. 3

Community service order

No. 4

Short-term probation by a probation officer

No. 5

Long-term probation by a probation officer

No. 6

Entrustment to a juvenile protection facility

No. 7

Entrustment to a juvenile medical protection facility

No. 8

Referral to a juvenile reformatory for up to one month

No. 9

Referral to a juvenile reformatory for six months

No. 10

Referral to a juvenile reformatory for two years

2. School Violence Specialist Attorney | Details of the Assistance

The school violence specialist attorney comprehensively considered the age and developmental stage of the juvenile subject to protection, as well as the circumstances before and after the incident, and undertook the assistance by establishing a response strategy centered on guidance and reform.

Demonstrating the Immature Judgment of the Juvenile Subject to Protection

The school violence specialist attorney emphasized that A was a minor aged thirteen, and that competitive feelings and impulsive tendencies within peer relationships had formed the background of the incident.

The attorney prepared a written opinion so that the careless words and conduct stemming from mental immaturity could be reflected in the judicial determination.

Organizing the Letter of Apology and the Efforts at Reconciliation with the Victim

From the early stage of the police investigation, A acknowledged his wrongdoing and demonstrated a repentant attitude, including by submitting a letter of apology, and also conveyed an apology to the victim's side.

The school violence specialist attorney emphasized this sincere attitude and the efforts at recovery of the harm, and thereby demonstrated genuine psychological remorse.

Attaching the Parents' Plan of Efforts to Prevent Recurrence

A's guardian established a concrete plan to carry out thorough guidance and supervision in everyday life going forward, and the school violence specialist attorney organized this into a written document and submitted it.

This became an important point of assistance, emphasizing the guardian's sense of responsibility and the determination to prevent reoffending.

3. School Violence Specialist Attorney | Result of the Assistance

Through the assistance of the school violence specialist attorney, A's circumstances and attitude were taken into account, and a decision of entrustment to protective custody of a guardian was issued.

This is the minimum protective disposition that avoids a strong disposition such as referral to a juvenile reformatory and allows for re-socialization through protection and guidance within the home.

Entrustment to protective custody is one type of juvenile protective disposition, and it refers to a measure under which the juvenile is entrusted to a guardian, or to a person who can act in place of a guardian, for protection.

Why an Early Response Strategy by a School Violence Specialist Attorney Is Necessary

In juvenile cases, not only the gravity of the delinquency but also the psychological state of the juvenile subject to protection, the circumstances in which the incident occurred, and the subsequent attitude of remorse must be comprehensively considered, and the outcome can vary greatly depending on the accuracy of the early response and the proof of the facts.

The school violence specialist attorneys of Daeryun Law Firm, drawing on experience in litigating a variety of school violence cases, establish tailored strategies from the early investigation stage through the disposition stage and help bring about a prompt and stable resolution.

In addition, through collaboration with an in-house evidence investigation team, a systematic response is possible that can objectively organize the overall context of the case before and after the incident, including securing witness statements, analyzing on-site CCTV footage, and organizing the guardian's statements.

If you are facing a juvenile trial due to school violence, we encourage you to request a consultation through the 🔗Legal Consultation Reservation.

학폭전문변호사 | 또래 폭행 부추긴 학폭 혐의, 보호자감호위탁으로 마무리

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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