Incheon Child Abuse Attorney | Assisting a Wronged Childcare Provider, Closing the Case with a Non-Prosecution Decision

The Incheon child abuse attorney closely investigated the case in order to prepare the defense for the Incheon child abuse matter.

The client, who had been booked on child abuse allegations in Incheon, was a childcare provider who loved children very much and worked with a strong sense of responsibility.

The complainant who filed the child abuse complaint against the client was a close acquaintance with whom the client had a sister-like relationship.

The client expressed her sense of injustice, stating that she had cared for the child with particular attention because the child belonged to a close younger friend, yet what she received in return was a child abuse indictment.

The complainant filed a child abuse complaint against the client, arguing that the client had inflicted physical and emotional abuse on her child a total of 28 times.

Child abuse refers to an adult, including a guardian, inflicting physical, mental, or sexual violence or cruel treatment that may harm the health or welfare of a child (under 18 years of age) or impede the child's normal development, as well as a child's guardian abandoning or neglecting the child.

Punishment for child abuse under the Child Welfare Act

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 4 (Murder or Death of a Child through Abuse)
(1) A person who commits a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 and thereby murders a child shall be punished by death, life imprisonment, or imprisonment for at least 7 years.
(2) A person who commits a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 and thereby causes the death of a child shall be punished by life imprisonment or imprisonment for at least 5 years.

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 5 (Serious Bodily Injury of a Child through Abuse)
A person who commits a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 and thereby endangers the life of a child or causes the child to suffer disability or an incurable illness shall be punished by imprisonment for at least 3 years.

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 7 (Aggravated Punishment of Employees of Child Welfare Facilities and Others)
Where a person obligated to report child abuse under each item of Article 10 (2) commits a child abuse crime against a child under his or her protection, the penalty prescribed for that crime shall be aggravated by up to one half.

The Incheon child abuse attorney reviewed the grounds asserted by the complainant who alleged child abuse.

1. The client dropped the Incheon child, who was holding onto the crib railing, inward, causing an impact to the child's back and the back of the head, thereby committing child abuse.

2. The client pressed down on the Incheon child's face, thereby committing child abuse.

3. The client pressed down on the Incheon child's shoulder and knocked the child to the floor, thereby committing child abuse.

4. The client took away the Incheon child's pacifier and made the child cry, thereby committing emotional child abuse.

The Incheon child abuse attorney set out to gather evidence for the defense of the client facing child abuse allegations in Incheon, and obtained CCTV footage installed in the Incheon child's home.

Through this footage, the Incheon child abuse attorney rebutted the circumstances of child abuse by the client alleged by the complainant.

1. The Incheon child abuse attorney confirmed that the client had pulled the Incheon child in order to place the child inside the crib, and that the child did not actually drop with a thud.

2. The Incheon child abuse attorney established that the client had wiped the Incheon child's face with a handkerchief to clean off the residue left on the face after the child vomited, and that it was not an act of child abuse involving pressing down on the face.

3. The Incheon child abuse attorney argued that the client had pressed down on the shoulder in order to seat the Incheon child on the floor, and that it was not an act of child abuse involving knocking the child to the floor.

4. The Incheon child abuse attorney stated that the complainant had instructed that the pacifier be given to the Incheon child only when the child was sleeping, and that the client had kept the child from using the pacifier because the child was not sleeping.