CONTENTS
- 1. The Client Who Sought a Daegu Child Abuse Attorney
- - How the Client Came to Seek a Daegu Child Abuse Attorney
- 2. The Laws Relevant to the Case as Explained by the Daegu Child Abuse Attorney
- 3. The Assistance Provided by the Daegu Child Abuse Attorney
- - Daegu Child Abuse Attorney Argues That Discipline of the Affected Child Was Necessary
- - Daegu Child Abuse Attorney Argues That Only a Very Slight Degree of Physical Force Was Used
- - Daegu Child Abuse Attorney Argues That the Conduct Did Not Amount to Abuse Impeding Normal Development
- 4. The Prosecutors' Judgment on the Daegu Child Abuse Attorney's Argument
- - If You Need the Assistance of a Daegu Child Abuse Attorney
1. The Client Who Sought a Daegu Child Abuse Attorney
The client who came to the Daegu child abuse attorney conducted a consultation with the child abuse attorney at the Daegu office in order to respond thoroughly with the assistance of a specialized attorney from the early stage of the case.
How the Client Came to Seek a Daegu Child Abuse Attorney
The circumstances of the client who came to the Daegu child abuse attorney are as follows.
The client in this case was working as a kindergarten teacher.
One day, she learned that the child involved had taken another friend's belongings without permission.
At first the client let it pass as a minor matter, but when the same thing continued to recur, she resolved to discipline the child.
Accordingly, the client brought scissors, placed them around the child's wrist, and said, 'If you do it one more time, I will take away your bad hand.'
Upon learning of this, the child's parents filed a criminal complaint against the client for the 🔗crime of child abuse.
In order to respond step by step with the help of a specialized attorney at the early stage of the case, the client came to the Daegu child abuse attorney.
2. The Laws Relevant to the Case as Explained by the Daegu Child Abuse Attorney
Together with the Daegu child abuse attorney, we will examine the Act on Special Cases concerning the Punishment of Child Abuse Crimes.
Act on Special Cases concerning the Punishment of Child Abuse Crimes
Article 4 (Murder or Death Caused by Child Abuse) Article 6 (Habitual Offenders) Article 7 (Aggravated Punishment of Workers at Child Welfare Facilities, etc.)
(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, such person shall be punished by death, imprisonment for life, or imprisonment for at least seven years.
(2) Where a person who has committed a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 causes a child to die, such person shall be punished by imprisonment for life or imprisonment for at least five years.
A person who habitually commits a child abuse crime under items (a) through (n) of subparagraph 4 of Article 2 shall be subject to an aggravation of up to one half of the penalty prescribed for the relevant crime. Provided, that this shall not apply where the person is subject to aggravated punishment as a habitual offender under any other Act.
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, such person shall be subject to an aggravation of up to one half of the penalty prescribed for the relevant crime.
3. The Assistance Provided by the Daegu Child Abuse Attorney
The Daegu child abuse attorney devised a meticulous strategy in order to obtain a no prosecution disposition in the client's case.
Analyzing the circumstances of the case accurately, the attorney argued the following.
Daegu Child Abuse Attorney Argues That Discipline of the Affected Child Was Necessary
This was not the first time the child involved had taken other friends' belongings.
Accordingly, it was emphasized that the client had disciplined the child so as to prevent further harm from occurring, and that this act was not carried out impulsively.
Daegu Child Abuse Attorney Argues That Only a Very Slight Degree of Physical Force Was Used
While disciplining the child, the client held and shook the child's wrist.
However, it was emphasized that this lasted only about 40 seconds, a very short time, and that only a very mild degree of physical force was exercised.
Daegu Child Abuse Attorney Argues That the Conduct Did Not Amount to Abuse Impeding Normal Development
An act of emotional abuse prohibited under the Child Welfare Act refers to one that creates a danger to the extent of impairing the child's normal development.
It was emphasized that the client's act not only did not create such a danger, but also did not amount to an act of abandoning or neglecting the child.
4. The Prosecutors' Judgment on the Daegu Child Abuse Attorney's Argument
Accepting the argument of the Daegu child abuse attorney, the prosecution issued a no-prosecution decision.
If You Need the Assistance of a Daegu Child Abuse Attorney
This case was an instance in which the client, with the assistance of a Daegu child abuse attorney, obtained a no prosecution disposition.
In criminal cases, the initial response is highly important, so it can be said that the assistance of an attorney specializing in criminal law is essential.
Daeryun Law Firm establishes reasonable and appropriate case resolution strategies on the basis of its experience handling a wide range of matters.
In addition, we operate a system capable of consultation and rapid response 24 hours a day, 365 days a year, so if you require the assistance of a specialized attorney, please feel free to visit Daeryun Law Firm 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
