[Seocho Attorney Entrustment to Protective Custody Case] Seocho Attorney Obtains a School Violence Entrustment to Protective Custody

The client who received a legal consultation from the Seocho attorney sought the help of the attorney because the child, already facing trial for 2 school violence matters, had committed one more assault.

Earlier, while the child was facing trial without detention for the crime of inflicting bodily injury and the crime of defamation, having injured a student at the same school during an altercation and uploaded a photograph of the injury to social media, the child visited a restaurant with friends.

While dining loudly with friends, the child was warned several times by another customer to be quiet.

The child refused and continued to dine loudly, and when the customer continued to protest and directed verbal abuse at the child and friends, the child resisted and struck a customer at another table with a fist.

The child thereby committed the crime of inflicting bodily injury, and the trial was to proceed with a total of 3 cases consolidated.

As the likelihood of a criminal disposition had increased, the client requested the assistance of the Seocho attorney in order to seek legal help and reduce the child's disposition.

The Seocho attorney explained that the client's child, being a juvenile aged 14 or older but under 19, qualified as a juvenile offender.

Because a juvenile offender is regarded as a person with criminal responsibility, both a protective disposition through a juvenile protection trial and a criminal disposition through a criminal trial are possible.

The law provides that a protective disposition takes precedence over a criminal disposition. Where a protective disposition is imposed, no criminal record remains.

Only where a serious offense has been committed does a juvenile receive criminal punishment similar to that of an adult.

In that case, a criminal record remains, and the juvenile may be confined in a juvenile prison.

Types of Protective Dispositions Available in a Juvenile Protection Trial

1. Entrustment to the protective custody of a guardian or a person who can protect the juvenile in place of the guardian

2. Order to attend a course

3. Community service order

4. Short-term probation by a probation officer

5. Long-term probation by a probation officer

6. Entrustment to a child welfare facility under the “Child Welfare Act” or another juvenile protection facility

7. Entrustment to a hospital, a 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 1 month

9. Short-term referral to a juvenile reformatory

10. Long-term referral to a juvenile reformatory

The Seocho attorney argued that the protected juvenile acknowledged all of the facts of the delinquent conduct in this case and was deeply remorseful.

The attorney submitted several letters of apology written by the protected juvenile and emphasized that the juvenile was taking time for reflection and resolving never to engage in such conduct again.

The Seocho attorney argued that the protected juvenile was sincerely remorseful, had visited all of the victims in person to apologize, and had personally written and delivered letters of apology.

Because the financial situation was not comfortable, the juvenile could not reach a settlement with everyone, so a settlement was reached with some, and for the remaining victims a deposit was made.

The attorney argued that the juvenile was nonetheless making every effort to apologize.

The Seocho attorney argued that the protected juvenile had been diagnosed with attention deficit and ADHD, was receiving medication treatment, and was being appropriately cared for and raised within the family,

and emphasized that the condition had improved and that the parents pledged to continue the medication treatment and professional treatment steadily within the family going forward.

In the bodily injury incident with the customer, the Seocho attorney emphasized that the protected juvenile had also been subjected to severe verbal abuse by the customer and had sustained harm in the course of the fight.

The attorney argued that the other customer had also been found liable on a charge of inflicting bodily injury on the protected juvenile and had received a summary indictment, appealing that the protected juvenile was also a victim.

In the case above, the child had already committed 2 offenses and was facing trial when the child committed 1 additional offense, an urgent situation in which a criminal disposition could have been imposed.

🔗School Violence AttorneyWith this help, the matter was concluded at the level of a protective disposition, a case that could be wrapped up without a criminal record remaining.

Although still young, a juvenile who commits offenses several times may, even among protective dispositions, have a referral to a juvenile reformatory decided.

A juvenile may face the heavy punishment of separation from society at a young age, so if a juvenile is to face trial over such offenses, it can be advisable to obtain the help of a Seocho attorney and reduce the disposition as much as possible.

If you need a consultation in a situation like the above, you may proceed with the Seocho attorney's 🔗school violence attorney consultation booking.