CONTENTS
- 1. The Client Who Requested an Anyang Attorney Consultation
- 2. Defense Assistance for the Client Through the Anyang Attorney Consultation
- - Anyang Attorney Consultation Assistance 1. Emphasizing That the Client Was a First-Time Offender
- - Anyang Attorney Consultation Assistance 2. Emphasizing That the Victim Did Not Wish for Punishment
- 3. Result of the Anyang Attorney Consultation, a Decision of Suspension of Indictment
1. The Client Who Requested an Anyang Attorney Consultation
The client who requested assistance through an Anyang attorney consultation was in a situation in which the client was being investigated by the prosecution on charges of child abuse and special (aggravated) destruction of property.
The client was deeply afraid of receiving a heavy punishment for a momentary mistake.
Through a thorough consultation, the Daeryun Anyang attorney undertook the defense to protect the client from punishment.
Statutes Relevant to the Client's Case Reviewed Through the Anyang Attorney Consultation
Conduct | Punishment |
Trafficking in a child | Imprisonment for up to ten years |
Coercing, arranging, or sexually harassing a child into sexual conduct | Imprisonment for up to ten years or a fine of up to 100 million won |
Physical or emotional abuse, abandonment or neglect of a child, exhibition of a child with a disability, or coercion of begging | Imprisonment for up to five years or a fine of up to 50 million won |
Having a child perform harmful acrobatics for entertainment purposes, or handing a child over to a third party for such purposes | Imprisonment for up to one year or a fine of up to 10 million won |
Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 4 (Murder of or Death of a Child Resulting from Child Abuse)
(1) Where a person who has committed a child abuse crime murders a child, the person shall be punished by death, life imprisonment, or imprisonment for at least seven years.
(2) Where a person who has committed a child abuse crime causes the death of a child, the person shall be punished by life imprisonment or imprisonment for at least five years.
The crime of special (aggravated) destruction of property is punishable by imprisonment for up to five years or a fine of up to 10 million won where a person destroys another's property or documents using a dangerous object or through the conspiracy of multiple persons.
Because special (aggravated) destruction of property involves a dangerous instrument or the conspiracy of multiple persons and therefore causes greater danger and harm, it carries a heavier penalty than ordinary destruction of property.
2. Defense Assistance for the Client Through the Anyang Attorney Consultation
Through the Anyang attorney consultation, Daeryun focused its defense on the points that the client was a first-time offender and that both the victim and the person who reported the matter did not wish for the client to be punished.
Anyang Attorney Consultation Assistance 1. Emphasizing That the Client Was a First-Time Offender
Through the Anyang attorney consultation, Daeryun argued that the client had no prior record of the same type of offense and no prior record of punishment.
In the course of disciplining the client's own child, who was the victim, the client failed to control momentary emotions, struck the child, and smashed the child's computer with a hammer, thereby becoming implicated in charges of 🔗child abuse and special (aggravated) destruction of property.
The client deeply regrets and reflects upon having engaged in the conduct described in the alleged facts. The client also continues to consider how to raise the child in order to become a good parent.
Through the Anyang attorney consultation, Daeryun emphasized that the client would endeavor to raise the child with patience and was resolved to faithfully complete the education ordered as a provisional measure.
Anyang Attorney Consultation Assistance 2. Emphasizing That the Victim Did Not Wish for Punishment
Through the Anyang attorney consultation, Daeryun argued that the husband, who reported the matter, came to make the report because he was startled when the client became unusually agitated on the day of the incident, and that both the child victim and the person who reported the matter did not wish for the client to be punished.
The client sincerely apologized to the son, who was the victim, and to the husband, who reported the matter, for the conduct related to the alleged facts of this case, and is now doing everything possible to obtain their forgiveness and build a harmonious family.
Through the Anyang attorney consultation, we requested leniency and submitted petitions, prepared by the person who reported the matter and by the victim, stating that they did not wish for the client to be punished.
3. Result of the Anyang Attorney Consultation, a Decision of Suspension of Indictment
Through the Anyang attorney consultation, the client was able to obtain a decision of suspension of indictment.
If you have become implicated in charges such as child abuse, as the client in the above case was, the safest course is to develop a defense strategy through which leniency may be requested, by consulting with an attorney experienced in this area.
Daeryun LLC provides close representation through attorneys experienced in this area who serve the client throughout the consultation, investigation, and trial process.
If you wish to consult an attorney regarding a situation such as the above, please reach out to the Daeryun LLC 🔗Anyang attorney office.
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.
