CONTENTS
- 1. The Client Who Sought a Jeju Criminal Defense Attorney
- - The Client Who Requested Help Regarding the Child Abuse Charge
- - Understanding the Punishment for Child Abuse by Child Welfare Facility Workers With a Jeju Criminal Defense Attorney
- 2. Child Abuse Attorney: “No Physical Abuse Occurred, but This Case Arose From an Allegation of Emotional Child Abuse”
- - Child Abuse Attorney Argues That the Acts Described in the Indictment Were Likely Distorted
- 3. The Court Accepted the Jeju Criminal Defense Attorney's Arguments and Reduced the Custodial Sentence to a Suspended Sentence
1. The Client Who Sought a Jeju Criminal Defense Attorney
The Jeju criminal defense attorney applied for a visit in person and conducted a consultation for the client, who had been sentenced to imprisonment for child abuse and was in custody.
After a thorough consultation with the Jeju criminal defense attorney, the client decided to proceed with the appeal together with the criminal defense attorney.
The Client Who Requested Help Regarding the Child Abuse Charge
The client who requested help from the Jeju criminal defense attorney was a teacher who instructs children. The client explained to the Jeju criminal defense attorney that he had been charged with child abuse after disciplining children for educational purposes.
The client charged with child abuse stated that he had never used physical violence against the children and had only disciplined certain children who were disrupting the class, for educational purposes.
Understanding the Punishment for Child Abuse by Child Welfare Facility Workers With a Jeju Criminal Defense Attorney
Let us examine, together with a Jeju criminal defense attorney, the punishment for child abuse committed by workers at child welfare facilities.
Statutes Related to the Punishment of Child Abuse
Act on Special Cases concerning the Punishment of Child Abuse Crimes
Article 4 (Murder or Death Caused by Child Abuse) (1) Where a person who has committed a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 murders a child, the person shall be punished by death, imprisonment for life, or imprisonment for at least 7 years.
(2) Where a person who has committed a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 causes the death of a child, the person shall be punished by imprisonment for life or imprisonment for at least 5 years.
Article 6 (Habitual Offenders) A person who habitually commits a child abuse crime under items (a) through (n) of subparagraph 4 of Article 2 shall be subject to aggravation of up to one half of the punishment prescribed for the relevant crime. However, this shall not apply where the person is subject to aggravated punishment as a habitual offender under another statute.
Article 7 (Aggravated Punishment of Workers, etc. at Child Welfare Facilities) Where a person obligated to report child abuse under each subparagraph of Article 10 (2) commits a child abuse crime against a child under his or her protection, the punishment prescribed for the relevant crime shall be aggravated by up to one half.
2. Child Abuse Attorney: “No Physical Abuse Occurred, but This Case Arose From an Allegation of Emotional Child Abuse”
Through a thorough consultation with the client, law firm Daeryun formed a Jeju criminal defense attorney team made up of multiple professionals with experience in child abuse cases.
The Daeryun Jeju criminal defense attorney team pointed out that no physical abuse had occurred, and that even if there had been emotional child abuse as alleged by the victim child's side, its degree could not be measured.
Continuing, the team argued that, with measures such as having the children write reflective essays for disciplinary purposes and stand at the back of the classroom, the defendant, as a teacher, had merely chosen instructional methods motivated by an educational purpose, and that a custodial sentence was unwarranted and a reduction of the sentence should be granted.
Child Abuse Attorney Argues That the Acts Described in the Indictment Were Likely Distorted
The Jeju criminal defense attorney argued that there was a high likelihood that the individual acts set out in the indictment and the list of offenses had not actually occurred, that portions had been distorted, and that the statements had been tainted.
3. The Court Accepted the Jeju Criminal Defense Attorney's Arguments and Reduced the Custodial Sentence to a Suspended Sentence
Accepting the arguments of law firm Daeryun's Jeju criminal defense attorney, the court rendered a judgment stating, “The guilty portion of the judgment of the original instance is reversed. The defendant is sentenced to 6 months of imprisonment. However, the execution of the above sentence is suspended for 2 years from the date this judgment becomes final.”
The client, who had received a custodial sentence of imprisonment for aggravated child abuse, was able to obtain a reduction to a suspended sentence by proceeding with the appeal together with the Daeryun Jeju criminal defense attorney.
Law firm Daeryun operates a criminal practice group, in which experienced professionals in the criminal field form teams according to the scale of the case and handle the matter.
In addition, through its evidence investigation, digital forensics, and security groups, the firm directly collects and analyzes evidence that is difficult for an individual to gather, and applies it so that it can be used at trial.
Legal professionals in fields such as criminal law and evidence investigation, in teams of 3 to 20, provide a defense tailored to the client, so if you need help, you are welcome to seek the assistance of the Daeryun criminal practice group at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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