CONTENTS
- 1. Uijeongbu Law Firm | Reviewing the Facts of the Offense
- 2. Uijeongbu Law Firm | Reviewing the Statutes
- 3. Uijeongbu Law Firm | Defense
- - Uijeongbu Law Firm | Defense ① The Client Acknowledges His Wrongdoing and Is Showing Remorse
- - Uijeongbu Law Firm | Defense ② The Client Reconciled With the Victim
- - Uijeongbu Law Firm | Defense ③ The Client Needs His Parents’ Protection
- - Uijeongbu Law Firm | Defense ④ No Prior Record of Delinquency
- 4. Uijeongbu Law Firm | Judgment
1. Uijeongbu Law Firm | Reviewing the Facts of the Offense
The client of the Uijeongbu law firm was a juvenile subject to protective measures who, having committed the offenses of indecent act by compulsion, special assault, and extortion, faced the risk of a disposition of referral to a juvenile reformatory.
The client and the victim, a juvenile referred to as A, were schoolmates at the same school. The client entered A’s lodging, locked the door, and coerced A into engaging in masturbation.
It is reported that the victim, frightened by this force, engaged in masturbation on two occasions.
In addition, the client of the Uijeongbu law firm habitually assaulted the victim using a flyswatter.
Finally, the client threatened the victim that he would beat him unless he bought him a bag, and thereby received property from the victim.
2. Uijeongbu Law Firm | Reviewing the Statutes
Criminal Act Article 298 (Indecent Act by Compulsion)
A person who, through violence or intimidation, commits an indecent act against another shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.
Criminal Act Article 261 (Special Assault)
When a person commits the crime under Article 260 (1) or (2) by displaying the force of a group or a multitude, or by carrying a dangerous object, the person shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 10 million won.
Criminal Act Article 350 (Extortion)
(1) A person who, by extortion of another, takes property or obtains a pecuniary benefit shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
(2) The same punishment as in the preceding paragraph shall apply to a person who, by the method in the preceding paragraph, causes a third party to take property or to obtain a pecuniary benefit.
The client of the Uijeongbu law firm had committed offenses for which a sentence of imprisonment could be imposed under the Criminal Act; however, because the client was a juvenile subject to protective measures, he faced the risk of referral to a juvenile reformatory under the following dispositions.
1. Entrustment to the custody of a guardian or of a person who can protect the juvenile in place of a guardian
2. An order to attend a course
3. An order to perform community service
4. Short-term probation by a probation officer
5. Long-term probation by a probation officer
6. Entrustment to the custody of a child welfare facility under the “Child Welfare Act” or another juvenile protection facility
7. Entrustment to a hospital, a sanatorium, or a juvenile medical protection facility under the “Act on the Treatment of Juveniles Subject to Protective Measures”
8. Referral to a juvenile reformatory for not more than one month
9. Short-term referral to a juvenile reformatory
10. Long-term referral to a juvenile reformatory
3. Uijeongbu Law Firm | Defense
The Uijeongbu law firm undertook the client’s defense.
Uijeongbu Law Firm | Defense ① The Client Acknowledges His Wrongdoing and Is Showing Remorse
The client of the Uijeongbu law firm acknowledges all of the facts of his delinquency and is deeply remorseful.
Uijeongbu Law Firm | Defense ② The Client Reconciled With the Victim
The client of the Uijeongbu law firm reconciled with the victim, the two agreed to become good friends, and they even prepared a written settlement stating that neither party wished the other to be punished.
Uijeongbu Law Firm | Defense ③ The Client Needs His Parents’ Protection
The parents of the Uijeongbu law firm’s client state that they will devote even greater effort to protecting the client going forward.
Having believed that their child had no problems, they were deeply shocked when he became the subject of an investigation, and they have since spoken with him every day and closely observed his daily life.
At present, the client is receiving education at a temporary entrustment facility. The client’s parents are making preparations for community-based education, such as reserving counseling facilities, so that his education can continue immediately if a disposition of entrustment to a guardian is ordered.
Uijeongbu Law Firm | Defense ④ No Prior Record of Delinquency
The client of the Uijeongbu law firm has no other prior record. On the contrary, he was a student who set an example for others, receiving scholarships and commendations.
For this reason, there is no indication that the client of the Uijeongbu law firm will reoffend after this incident.
4. Uijeongbu Law Firm | Judgment
Having heard the defense of the Uijeongbu law firm, the court imposed on the client only a lighter disposition, such as entrustment to the custody of a guardian.
The Uijeongbu law firm prevented the referral to a juvenile reformatory of a client who had committed a serious offense.
At Daeryun Law Firm (LLC), 🔗attorneys specializing in this area with extensive experience in cases like the client’s provide assistance with the case.
If you are facing a similar situation and at risk of punishment, you are welcome to visit Daeryun’s Uijeongbu law firm.
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