CONTENTS
- 1. The Client Who Sought the Ansan Child Abuse Attorney
- 2. The Charges the Ansan Child Abuse Attorney Examined
- - Ansan Child Abuse Attorney | Charge ① Physical Child Abuse
- - Ansan Child Abuse Attorney | Charge ② Emotional Child Abuse
- - Ansan Child Abuse Attorney | Charge ③ Sexual Molestation
- 3. The Ansan Child Abuse Attorney Steps In to Defend the Client
- - Ansan Child Abuse Attorney | Defense ① Physical Child Abuse
- - Ansan Child Abuse Attorney | Defense ② Emotional Child Abuse
- - Ansan Child Abuse Attorney | Defense ③ Sexual Molestation
- 4. The Disposition the Ansan Child Abuse Attorney Obtained
1. The Client Who Sought the Ansan Child Abuse Attorney
The client explained that, after one divorce, he had met his current wife and completed their marriage registration.
His wife had a daughter from a previous marriage to her former husband. The client explained that he had cared for the child as if she were his own.
He explained that, after a serious argument with his wife, she suddenly reported him to the police on suspicion of child abuse, which led to this case.
His wife claimed that the client had molested her daughter while the child was sleeping and had also abused her emotionally and physically.
The client acknowledged that, in the course of arguing with his wife, he had failed to control his emotions and had said things a parent should never say.
However, he insisted that the molestation allegation made no sense, and he sought the attorney's assistance in defending against punishment.
2. The Charges the Ansan Child Abuse Attorney Examined
As the client requested, the attorney examined the charges against the client in order to defend against punishment.
Ansan Child Abuse Attorney | Charge ① Physical Child Abuse
The first of the charges against the client was physical child abuse. Physical child abuse refers to an abusive act that injures a child's body or harms the child's physical health or development.
This is strictly prohibited under Article 17 of the Child Welfare Act. A person who commits physical child abuse is punishable by imprisonment for up to 5 years or a fine of up to 50 million won.
3. A physical abuse act that injures a child's body or harms the child's physical health and development
Ansan Child Abuse Attorney | Charge ② Emotional Child Abuse
The second of the charges against the client was emotional child abuse.
Emotional child abuse refers to an emotionally abusive act that harms a child's mental health and development. This is likewise prohibited under the Child Welfare Act, and a person who commits emotional child abuse is punishable by imprisonment for up to 5 years or a fine of up to 50 million won.
Ansan Child Abuse Attorney | Charge ③ Sexual Molestation
The client's final charge was sexual molestation. The client's wife claimed that the client had molested their sleeping daughter by touching her buttocks.
An indecent act against a minor under 13 is punishable, under the Act on Special Cases concerning the Punishment of Sexual Crimes, by a fine or by imprisonment for a definite term of 5 years or more with no upper limit.
3. The Ansan Child Abuse Attorney Steps In to Defend the Client
The attorney mounted a defense to protect the client from punishment as follows.
Ansan Child Abuse Attorney | Defense ① Physical Child Abuse
In the course of an argument between the client and his wife, the wife took the daughter and left the house, and as the client tried to stop her, he collided with the daughter and she fell.
The wife used this to report the client on suspicion of physical 🔗child abuse.
The attorney argued that this could not be regarded as a physical abuse act and that the intent to abuse could not be recognized either.
Ansan Child Abuse Attorney | Defense ② Emotional Child Abuse
The client is genuinely remorseful for having failed to control his emotions and for using abusive language in the course of arguing with his wife.
Having learned that showing a marital quarrel itself can constitute an act of emotional child abuse, the client has resolved never to repeat such conduct.
Ansan Child Abuse Attorney | Defense ③ Sexual Molestation
The client's wife stated that the client had touched the buttocks of their sleeping daughter, but the client has no recollection of this at all.
The child victim stated that the client touched her buttocks while calling his wife's name, which shows that the client mistook his daughter for his wife while half asleep and had no intent to commit an indecent act.
The wife who reported this case was expressing strong anger toward the client, and it appears that she distorted the child victim's statement.
4. The Disposition the Ansan Child Abuse Attorney Obtained
As a result of the attorney's defense on the client's behalf, the prosecution issued a non-prosecution decision against the client.
It was a decision that the charges against the client were not established. The non-prosecution result was possible because the attorney prepared a strategy suited to each charge and conducted the defense accordingly.
Child abuse is subject to severe punishment, given that it can adversely affect the future of a growing child.
If, like the client in this case, you face child abuse charges and need assistance in defending against punishment, you may at any time receive a 🔗attorney referral and respond accordingly.
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.
