CONTENTS
- 1. The Background to the Consultation
- - The Circumstances of the Case
- - Statutes Relating to the Case
- 2. The Attorney's Assistance
- - Argument ① Acknowledgment of the Delinquent Conduct and Remorse
- - Argument ② Mental Health and Intellectual Condition
- 3. Daejeon Criminal Attorney Assistance Result
1. The Background to the Consultation
The client was a young person facing juvenile proceedings for inflicting bodily injury on a fellow student.
To defend against criminal punishment, the client came to the criminal attorney at the Daejeon office.
The Circumstances of the Case
The client is currently enrolled in high school but, having been diagnosed with an intellectual disability, is a young person with the cognitive ability of roughly a second- or third-year middle school student.
The client explained that, while playing a game on the way home from school with a fellow student in which they hit each other once per round of rock-paper-scissors, emotions gradually rose and competitiveness grew excessive, and he was unable to keep the situation from escalating.
They then came to play a so-called 'fainting game' through rock-paper-scissors, in which they took turns forcing each other to hold their breath, and the situation escalated dangerously.
Afterward, the client strangled the victim's neck hard, the victim lost consciousness, and the situation was brought under control through the rescue of paramedics dispatched following a report.
After being investigated by the investigative authorities over this case, the client came to face juvenile proceedings and came to the Daejeon criminal attorney to obtain legal help.
Statutes Relating to the Case
When juvenile proceedings are held on a charge of bodily injury, as in the client's case, 🔗school violence punishment is imposed according to the gravity of the offense.
The following statute applies to protective dispositions in juvenile proceedings.
① If, as a result of the hearing, a juvenile court judge finds it necessary to impose a protective disposition, the judge shall, by decision, impose one of the following dispositions:
1. Entrustment to the custody of a guardian or a person who can protect the juvenile in place of a guardian
2. An order to attend lectures
3. A community service order
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 convalescent facility, or a medical rehabilitation juvenile reformatory under the Act on the Treatment of Protected Juveniles, etc.
8. Referral to a juvenile reformatory for up to one month
9. Short-term referral to a juvenile reformatory
10. Long-term referral to a juvenile reformatory
2. The Attorney's Assistance
The attorney carefully reviewed the client's statements and the case materials, closely grasped the circumstances, and made arguments that could be applied favorably to the client.
Argument ① Acknowledgment of the Delinquent Conduct and Remorse
The client fully acknowledged his delinquent conduct and felt deep remorse over the fact that his actions had caused the victim, a fellow student, to lose consciousness.
The attorney emphasized the client's sincere remorse to the court.
Argument ② Mental Health and Intellectual Condition
The attorney emphasized that the client had been diagnosed with ADHD from an early age and had recently also been diagnosed with an intellectual disability, leaving him deficient in empathy, communication, and similar abilities compared with peers of his age.
The attorney further emphasized that the client was in a condition requiring ongoing emotional care and psychiatric treatment, and asked the court to take this into account.
3. Daejeon Criminal Attorney Assistance Result
The Daejeon criminal attorney provided dedicated legal assistance so that an excessive penalty would not be imposed in the case of a young juvenile, and the court issued an order of short-term probation.
If You Are Facing a Juvenile Trial
As with the client in the account above, 🔗a perpetrator of school violence who is subject to criminal proceedings and faces a juvenile trial, responding to the procedure from the early stages is very important.
This is because a response must be developed by comprehensively considering a careful review of the facts of the school violence, the relationship with the victim, and the scale and duration of the harm.
At Daeryun Law Firm, a task force composed of multiple attorneys communicates with the client in real time and responds directly from the early stages of the case through to its resolution.
If you need legal assistance regarding a school violence disposition, you may consult a criminal attorney at the Daejeon office 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.
