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Deals & Cases

Violation of the Act on the Protection and Support of Missing Children, etc.

Anyang Criminal Attorney | With the Assistance of the Anyang Criminal Attorney, Only a Light Fine Despite a Violation of the Act on the Protection of Missing Children

The Anyang criminal attorney represented a client who consulted a criminal attorney after being accused of violating the Act on the Protection and Support of Missing Children, etc. With the assistance of the criminal attorney, the client received only a very light fine.

CONTENTS
  • 1. The Anyang Criminal Attorney's Client's Case
  • 2. The Facts of the Offense of the Anyang Criminal Attorney's Client
    • - Anyang Criminal Attorney: Statute Violated by the Client
    • - Anyang Criminal Attorney: Punishment of the Client for the Alleged Offense
  • 3. Anyang Criminal Attorney Defends the Client
    • - Anyang Criminal Attorney Defends the Client: Background of the Case
    • - Anyang Criminal Attorney Defends the Client: The Client's Remorse
    • - Anyang Criminal Attorney Defends the Client: Efforts to Reach a Settlement
    • - Anyang Criminal Attorney Defends the Client: Signs of Repentance
  • 4. Anyang Criminal Attorney: The Client's Judgment

1. The Anyang Criminal Attorney's Client's Case

The Anyang criminal attorney's client came to know the victim, a middle-school girl referred to as A, who had run away from home, through an introduction by an acquaintance of the client. At the client's residence, the client was awaiting judgment for having, while aware that A had run away from home and without justifiable grounds, failed to report to the head of a police office, and instead allowed her to stay while providing her with living expenses and the like, thereby protecting a missing child without justifiable grounds.

2. The Facts of the Offense of the Anyang Criminal Attorney's Client

As in the case of the Anyang criminal attorney's client, protecting a missing child without justifiable grounds constitutes a violation of the Act on the Protection and Support of Missing Children, etc., and may result in criminal punishment.

Anyang Criminal Attorney: Statute Violated by the Client

The client of the Anyang criminal attorney violated the following statute.

Act on the Protection and Support of Missing Children, etc.

Article 1 (Purpose) The purpose of this Act is to contribute to the welfare of missing children, etc., and their families by preventing the occurrence of missing children, etc., promoting their prompt discovery and return, and supporting their social adjustment after return.

Article 7 (Prohibition of Unreported Protective Custody) No person shall, without justifiable grounds, take a missing child, etc., into protective custody without reporting to the head of a police agency.

Anyang Criminal Attorney: Punishment of the Client for the Alleged Offense

The client of the Anyang criminal attorney faced the risk of punishment under the following statute.


Act on the Protection and Support of Missing Children, etc.

Article 17 (Penalty Provisions) A person who takes a missing child, etc., into protective custody without justifiable grounds in violation of Article 7, and a person who uses personal location information, etc., for purposes other than finding a missing child, etc., in violation of Article 9 (4), shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.

3. Anyang Criminal Attorney Defends the Client

The Anyang criminal attorney undertook the defense of the client.

Anyang Criminal Attorney Defends the Client: Background of the Case

The Anyang criminal attorney's client first came to know A through Ms. B, a woman with whom the client was on friendly terms.

One day, the client had a meal arranged with Ms. B, and at that time Ms. B brought A to the meal and introduced A to the client as a younger acquaintance.

The Anyang criminal attorney's client at the time regarded A simply as a younger acquaintance of Ms. B, and merely shared a meal with A without paying any particular attention.

In the meantime, A said that she had been severely abused by her family and asked the client for help in finding a place to stay for a few days.

The client at the time did not realize at all that taking a runaway minor into protective custody on one's own could constitute a crime.

At the time, the client happened to be leasing an apartment to use as an office in preparation for a new business.

The Anyang criminal attorney's client did not reside in the apartment and merely used it for office and similar purposes, so without much deliberation the client allowed A to stay in the apartment with Ms. B for a few days.

Anyang Criminal Attorney Defends the Client: The Client's Remorse

The Anyang criminal attorney's client deeply reflects on and regrets this matter. The client also firmly resolves not to repeat the same mistake.

As stated earlier, the client did not know at all that taking a runaway minor into protective custody on one's own could constitute a crime, and instead mistakenly believed that the conduct was an act of goodwill toward the victim.

Anyang Criminal Attorney Defends the Client: Efforts to Reach a Settlement

The Anyang criminal attorney's client offered a sincere apology to A and A's parents and has been making efforts to reach an amicable settlement; however, because A is a minor and contact with the parents was not easy, a settlement has not been reached.

Nevertheless, the client has shown a willingness to reach an amicable settlement through the sentencing investigation.

Anyang Criminal Attorney Defends the Client: Signs of Repentance

The Anyang criminal attorney's client has no prior convictions for the same type of offense.

Because the client deeply reflects on this matter and firmly resolves not to commit the same wrong again, it may be said that the client shows sufficient signs of repentance.

4. Anyang Criminal Attorney: The Client's Judgment

After hearing the submissions of the Anyang criminal attorney, the court imposed a very minor fine on the client.

An act done in good faith without one's own awareness may constitute a criminal offense.

If you find yourself in a situation like the client's, please reach out to the 🔗Anyang Law Firm Daeryun criminal attorneys.

안양형사변호사 | 안양형사변호사 조력으로 실종아동보호법률위반에도 경미한 벌금형

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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