CONTENTS
- 1. The Client Who Requested a Consultation From the Bucheon Law Office
- - How the Client Came to the Bucheon Law Office
- - Statutes Related to the Case Explained by the Bucheon Law Office
- 2. The Bucheon Law Office Develops a Strategy to Help the Client Receive a Lenient Protective Disposition
- - The Bucheon Law Office Argues the Client's Remorse
- - The Bucheon Law Office Argues the Client's Potential for Rehabilitation
- - The Bucheon Law Office Argues That the Client Had No Intent or Awareness in Committing the Offense
- 3. As a Result of the Bucheon Law Office's Assistance, a Lenient Protective Disposition Was Decided
- - The Bucheon Law Office's Summary of the Case
1. The Client Who Requested a Consultation From the Bucheon Law Office
The client who came to the Bucheon law office received a consultation on charges of a Violation of the Child Welfare Act.
The client was 13 years old and had committed a sexual offense against a same-sex friend two years the client's junior.
The client therefore requested a consultation from the Bucheon law office in order to obtain a lenient protective disposition.
How the Client Came to the Bucheon Law Office
The client who came to the Bucheon law office explained in detail, during the consultation, how the client had become involved in the case.
The client was 13 years old, and the victim child was two years younger than the client and was an acquaintance with whom the client had an older-brother, younger-brother relationship.
While they were hanging out together as usual, the victim child borrowed the client's mobile phone and was playing with it.
The victim child then reportedly damaged the client's mobile phone by accident.
Using this as a pretext, the client demanded an imitative sexual act from the victim child and reportedly committed imitative sexual acts a total of seven times.
Eventually the victim child's father became aware of this and reported the client to the police.
Facing a police investigation, the client came to the Bucheon law office to seek legal assistance.
Statutes Related to the Case Explained by the Bucheon Law Office
■ Criminal Act Article 9 (Criminal Minors)
The act of a person who is not 14 years of age shall not be punished.
> The client falls under the category of a juvenile subject to protective measures (chokbeop sonyeon), and accordingly will receive a protective disposition rather than a criminal punishment.
■ Disposition for a Juvenile Subject to Protective Measures (Ages 10 to Under 14)
Juvenile Act Article 4 (Subjects of Protection, Referral, and Notification)
(1) A juvenile who falls under any of the following subparagraphs shall be tried as a protection case by the juvenile court.
1. A juvenile who has committed a crime
2. A juvenile aged 10 or older but under 14 who has committed an act that violates penal statutes
Juvenile Act Article 32 (Decision on Protective Disposition)
(1) If the juvenile court judge finds, as a result of the hearing, that a protective disposition is necessary, the judge shall by decision impose a disposition falling under any of the following subparagraphs.
1. Entrustment of protective custody to a guardian or to a person who can protect the juvenile in place of a guardian
2. An order to attend a course (available only for those aged 12 or older)
3. A community service order (not available for a juvenile subject to protective measures)
4. Short-term probation by a probation officer
5. Long-term probation by a probation officer
6. Entrustment of protective custody to a child welfare facility under the Child Welfare Act or to another juvenile protection facility
7. Entrustment to a hospital, sanatorium, or a medical rehabilitation juvenile reformatory under the Act on the Treatment of Protected Juveniles, Etc.
8. Referral to a juvenile reformatory for up to one month
9. Short-term referral to a juvenile reformatory
10. Long-term referral to a juvenile reformatory (available only for those aged 12 or older)
2. The Bucheon Law Office Develops a Strategy to Help the Client Receive a Lenient Protective Disposition
The Bucheon law office provided its full assistance so that the client, who fell under the category of a juvenile subject to protective measures, could receive a lenient protective disposition.
After closely reviewing the client's case through a thorough consultation, the office developed a defense strategy and made the following arguments.
The Bucheon Law Office Argues the Client's Remorse
The attorney at the Bucheon law office argued that, through the police investigation, the client had come to realize that all of the client's delinquent conduct had been wrong and was sincerely remorseful.
The attorney further emphasized this argument by submitting a written statement of apology prepared by the client.
The Bucheon Law Office Argues the Client's Potential for Rehabilitation
The attorney at the Bucheon law office argued that the case had likely arisen because the client, at a young age, had failed to recognize that the delinquent conduct was a serious criminal act.
The attorney therefore argued that a relatively lenient protective disposition would be sufficient for the client's rehabilitation.
The Bucheon Law Office Argues That the Client Had No Intent or Awareness in Committing the Offense
The attorney at the Bucheon law office strongly argued that the client had no intent or awareness of forcing the victim child into lewd conduct or of sexually abusing the victim.
The attorney requested leniency for the client.
3. As a Result of the Bucheon Law Office's Assistance, a Lenient Protective Disposition Was Decided
Accepting the arguments of the attorney at the Bucheon office, the court entrusted the protected juvenile to the protective custody of a guardian and ordered 40 hours of a sexual violence treatment course and 40 hours of community service.
The client and the client's parents were relieved to have received a relatively lenient protective disposition and expressed their gratitude to the attorney who had provided the legal consultation at the Bucheon office.
The Bucheon Law Office's Summary of the Case
The case above was one in which the client, facing a police investigation on charges of a Violation of the Child Welfare Act, requested assistance from the Bucheon law office in order to respond proactively.
The attorney at the Bucheon office argued the client's potential for rehabilitation and remorse, and was able to obtain a relatively lenient protective disposition.
If you are facing difficulties in a situation like the one above, you may entrust your case to the Bucheon law office at Daeryun Law Firm.
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.
