CONTENTS
- 1. Child Abuse Attorney in Cheonan | Confirming the Client's Charge
- - Child Abuse Attorney in Cheonan | Background of the Client's Case
- 2. Child Abuse Attorney in Cheonan | Confirming the Punishment the Client Could Face
- 3. Child Abuse Attorney in Cheonan | Defending the Client
- - Child Abuse Attorney in Cheonan | Emphasis That the Client Deeply Repents and Reflects
- - Child Abuse Attorney in Cheonan | Emphasis That There Is No Risk of Reoffending
- - Child Abuse Attorney in Cheonan | Emphasis That the Client's Conduct Was Not Child Abuse
- - Child Abuse Attorney in Cheonan | Emphasis That Those Around the Client Are Petitioning for Leniency
- 4. Child Abuse Attorney in Cheonan | The Client's Disposition
1. Child Abuse Attorney in Cheonan | Confirming the Client's Charge
The client of the child abuse attorney in Cheonan was facing the following charge.
The client of the child abuse attorney in Cheonan was working as an assistant teacher at a daycare center.
The child victim was a pupil at that daycare center. The client suddenly lifted both of the child victim's arms, inflicting an injury of a dislocated shoulder.
As a result, the client was facing a charge of having committed an act of physical 🔗child abuse that injured the body of a child under her care and supervision or harmed the child's bodily health and development.
Child Abuse Attorney in Cheonan | Background of the Client's Case
In the case of the client of the child abuse attorney in Cheonan, the child victim had continuously engaged in conduct likely to make another child uncomfortable, such as lying down next to another child and repeatedly poking that child's cheek.
In response, the client gave warnings several times to stop. As the child victim continued to repeat the conduct, the client, thinking that she had to separate the child before another child got hurt, committed the act at issue in this case in the course of lifting the child victim up.
2. Child Abuse Attorney in Cheonan | Confirming the Punishment the Client Could Face
The client of the child abuse attorney in Cheonan was in a situation in which she could face the following punishment.
Act on Special Cases concerning the Punishment of Child Abuse Crimes Article 5 (Serious Bodily Injury from Child Abuse)
Items (A) through (C) of Subparagraph 4 of Article 2: Where a person who has committed a child abuse crime causes danger to the life of a child or causes the child to suffer a disability or an incurable disease, the person 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, etc.)
Article 10, Paragraph 2: Where a person obligated to report child abuse under each subparagraph commits a child abuse crime against a child whom he or she protects, the punishment prescribed for that crime shall be aggravated by up to one half.
Because a child abuse crime is a serious offense for which imprisonment may be imposed directly, with no fine available, the assistance of a child abuse attorney was essential for the client.
3. Child Abuse Attorney in Cheonan | Defending the Client
The child abuse attorney in Cheonan set out to defend the client in order to prevent her imprisonment.
Child Abuse Attorney in Cheonan | Emphasis That the Client Deeply Repents and Reflects
Although the client of the child abuse attorney in Cheonan had no intention of injuring the child victim, she sincerely and deeply repents and reflects on having caused the shoulder to be dislocated.
On the day the incident occurred, the client apologized to the child victim's parents at the hospital.
Even now, the client continues to reflect, looking back on having caused harm to the child victim and the child's family.
Child Abuse Attorney in Cheonan | Emphasis That There Is No Risk of Reoffending
The client of the child abuse attorney in Cheonan worked as an assistant teacher for several years and treated all the children sincerely.
After seeing the child victim injured as a result of this incident, she resigned from the daycare center. Reaching a point where the years she had spent working with a sense of mission, treating the children sincerely, were being denied, she fell into depression and even attempted to take her own life.
She has now regained mental and physical stability through continued treatment. Although she currently has no intention of returning as an assistant teacher, she has completed child abuse training so that, should she ever return, an incident such as this one will not occur.
From this, it can be seen that there is no risk whatsoever of the client reoffending.
Child Abuse Attorney in Cheonan | Emphasis That the Client's Conduct Was Not Child Abuse
The client of the child abuse attorney in Cheonan merely caused an injury through a mistake, such as a failure to control her force, in the course of separating the child victim from another child.
Article 3, Subparagraph 7 of the Child Welfare Act defines child abuse as an act by an adult, including a guardian, of physical, mental, or sexual violence or cruelty that harms a child's health or welfare or that may impede the child's normal development, as well as the abandonment or neglect of a child by the child's guardian.
The client's conduct cannot be regarded as an act of child abuse, and moreover, the client had no intent to commit child abuse whatsoever.
Child Abuse Attorney in Cheonan | Emphasis That Those Around the Client Are Petitioning for Leniency
Those around the client of the child abuse attorney in Cheonan are petitioning for leniency, saying that the client loved children and was full of enthusiasm, and that they are concerned to see the client suffering as a result of this incident.
They are appealing for leniency toward the client, who had been working as an assistant teacher with a sense of mission, and they ask that the foregoing reasons be taken into account and that a non-disposition decision be rendered.
4. Child Abuse Attorney in Cheonan | The Client's Disposition
The court, having heard the defense of the child abuse attorney in Cheonan, rendered a non-disposition decision for the client.
A child abuse case may receive a non-disposition decision because the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence applies.
Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, Article 37 (Decision Not to Impose a Disposition)
① Where, as a result of hearing a domestic protection case, the judge finds that the case falls under any of the following subparagraphs, the judge shall render a decision not to impose a disposition.
1. Where it is found that a protective disposition cannot be imposed or need not be imposed
2. Where, in light of the nature, motive, and result of the case, and the character and habits of the person who committed domestic violence, among other factors, it is found that handling the matter as a domestic protection case is not appropriate
Having heard the defense of the child abuse attorney in Cheonan, the court found that there was no need to impose a protective disposition on the client.
The punishment for child abuse is being strengthened over time. When you are facing a charge, attempting to resolve it alone may worsen the situation.
When the facts giving rise to a charge arise, please seek the assistance of a child abuse attorney at Daeryun Law Firm in Cheonan.
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.
