[Assistance from a Uijeongbu School Violence Attorney] The Client Who Received a Non-Prosecution Decision with the Assistance of a Uijeongbu School Violence Attorney

The Uijeongbu school violence attorney conducted a careful consultation to understand the client's case.

Because the client was 14 years of age or older and therefore subject to criminal punishment, the client, worried that this would become an obstacle to future schooling, requested assistance from Daeryun Law Firm.

A juvenile under the age of criminal responsibility, meaning one who is 10 years of age or older but under 14, receives a protective disposition through a juvenile trial,

but a person of high school age beyond that range stands trial as a defendant in a criminal proceeding and may receive the same punishment as an adult.

First, the dispositions rendered by the School Violence Committee are as follows.

In addition, where the offender is 14 years of age or older, the offender becomes subject to the application of the Juvenile Act and, at the same time, to the application of the Criminal Act.

In other words, if the offending student is 14 years of age or older and the nature of the offense is serious enough to warrant criminal punishment, the student may be punished through a criminal trial.

▣ What is a juvenile protection trial?

A juvenile protection trial is a trial that, with respect to criminal cases and the like involving juveniles under the age of 19, imposes protective dispositions intended to change the juvenile's environment and to correct the juvenile's character and conduct.

The trial may result in dispositions ranging from Measure No. 1 to Measure No. 10, from entrustment to the custody of a guardian up to referral to a long-term juvenile reformatory for up to 2 years.

However, under Article 32(6) of the Juvenile Act, because “the protective disposition of a juvenile shall not have any effect on the juvenile's future status," unlike criminal punishment, the juvenile does not acquire a criminal record.

In a school violence case where it is difficult to find physical evidence or an objective witness,

for the victim's statement to serve as the main basis for the decision, the specificity and consistency of the statement the victim made are important.

In this case, however, the attorney argued that the victim's statement was not only lacking in specificity but also lacked consistency, as the victim reversed the statement, so its reliability was in doubt.

The client had ordinarily made a sincere effort to correct the client's shortcomings,

and the attorney demonstrated, through a commendation the client had received at school, that the client was willing to help friends around the client and to get along well with them.

In addition, the attorney argued that, according to the statements of those around the client, the client was playful, but this had not manifested in conduct such as harassing or assaulting anyone.

After the client was reported to the School Violence Committee because horseplay the client had engaged in with someone the client considered a close friend was received by the victim as violent,

the attorney argued that the client was shocked, sincerely reflected on this, and sent the victim a heartfelt written apology.

Daeryun has favorable cases in which it assisted in obtaining strong punishment of the offending student from the perspective of the victim student of school violence,

but it also has many cases in which it assisted the offending student in seeking to reduce the sentence, as with the above client.

At Daeryun, a case-handling team of 3 to 20 members with extensive experience taking on school violence-related cases handles the client's case and works to achieve the best possible result.

If you need related assistance, you may seek out Daeryun's Uijeongbu school violence attorney at any time.