CONTENTS
- 1. The Client Who Came to the Gwanggyo Child Abuse Attorney
- 2. Alleged Facts of the Offense Identified by the Gwanggyo Child Abuse Attorney
- - Emotional Abuse Examined by the Gwanggyo Child Abuse Attorney
- 3. The Defense Undertaken by the Gwanggyo Child Abuse Attorney
- - The Gwanggyo Child Abuse Attorney Emphasizes That the Client Is Remorseful
- - The Gwanggyo Child Abuse Attorney Emphasizes That the Client Completed Child Abuse Prevention Education
- - The Gwanggyo Child Abuse Attorney Emphasizes That the Client Had No Intent to Commit Child Abuse
- 4. The Gwanggyo Child Abuse Attorney's Defense Against Criminal Punishment
1. The Client Who Came to the Gwanggyo Child Abuse Attorney
The client who came to the Gwanggyo child abuse attorney came to a child abuse attorney saying that, through a moment's mistake, he had committed the crime of child abuse.
The client requested that the Gwanggyo child abuse attorney defend against criminal punishment.
2. Alleged Facts of the Offense Identified by the Gwanggyo Child Abuse Attorney
The client assisted by the Gwanggyo child abuse attorney faced the following alleged facts of the offense.
The client was living separately from his wife and had three children.
While he was driving after meeting his wife for the sake of the children, his wife, who was in the front passenger seat, told him that she would take the children for just one day and attempted to get out of the car.
Unwilling to be separated from the children, the client began to drive the vehicle even though his wife had opened the door.
Although the child victims were on board, he continued driving with the door open, thereby committing an act of emotional abuse against them.
In addition, when the vehicle could no longer continue and came to a stop, and his wife tried to take the children out, he pulled the child victims by the arm and shook them hard, thereby committing acts of emotional abuse.
Emotional Abuse Examined by the Gwanggyo Child Abuse Attorney
Among the forms of 🔗child abuse committed by the client of the Gwanggyo child abuse attorney, emotional abuse includes acts of emotional abuse that involve no physical force as well as acts of emotional abuse that involve physical force but do not result in bodily injury.
Child Welfare Act, Article 17 (Prohibited Acts)
No person shall commit any of the acts falling under the following subparagraphs.
5. Acts of emotional abuse that harm the mental health and development of a child (including acts of exposing a child to domestic violence as defined in Article 2, subparagraph 1 of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence)
Child Welfare Act, Article 71 (Penal Provisions)
① A person who violates Article 17 shall be punished according to the following subparagraphs.
2. A person who commits an act falling under subparagraphs 3 through 8 (in cases under subparagraph 5 involving exposing a child to domestic violence, this refers to a person committing domestic violence as defined in Article 2, subparagraph 4 of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence) shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.
Under the Child Welfare Act, the client faced the risk of criminal punishment of imprisonment for not more than 5 years or a fine not exceeding 50 million won.
3. The Defense Undertaken by the Gwanggyo Child Abuse Attorney
The Gwanggyo child abuse attorney proceeded with the defense as follows in order to protect the client from criminal punishment.
The Gwanggyo Child Abuse Attorney Emphasizes That the Client Is Remorseful
The client of the Gwanggyo child abuse attorney acknowledged all of the alleged facts of the offense and was sincerely remorseful.
However, the client's caring for the children had been agreed upon during the process of separating from his wife, and it was not the case that he had taken the children without consulting her.
The Gwanggyo Child Abuse Attorney Emphasizes That the Client Completed Child Abuse Prevention Education
After the incident, the client blamed himself for his own conduct and, in order not to repeat the same mistake, faithfully completed related courses such as child abuse prevention education.
The Gwanggyo Child Abuse Attorney Emphasizes That the Client Had No Intent to Commit Child Abuse
While the client's rough conduct toward his children was an inexcusable wrong, he had no intent whatsoever to abuse them at the time of the incident.
4. The Gwanggyo Child Abuse Attorney's Defense Against Criminal Punishment
Through the defense by the Gwanggyo child abuse attorney, it was possible to protect the client from criminal punishment.
Instead of criminal punishment, the court imposed a protective disposition of entrustment to counseling on the client.
The client faced the risk of receiving criminal punishment for a moment's mistake, but because he promptly sought out the Gwanggyo child abuse attorney, he was able to escape the crisis.
If you are in a situation similar to the client's and need a defense against criminal punishment, please reach out to the child abuse attorney of 🔗Gwanggyo Law Firm Daeryun.
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.
