CONTENTS
- 1. Gyodae Law Firm | Background of the Case
- 2. Gyodae Law Firm | Review of the Case
- 3. Gyodae Law Firm | Details of the Assistance
- 4. Gyodae Law Firm | Entrustment to a Guardian's Protective Custody Obtained With the Assistance of a Gyodae Attorney
1. Gyodae Law Firm | Background of the Case
The client who sought the school violence attorney at Gyodae Law Firm was 12 years old and fell within the category of a juvenile below the age of criminal responsibility.
The background of this case is as follows.
Photographing and Sending a Photo of a Neighborhood Friend
While exercising with the victim, with whom the client was usually on friendly terms in the neighborhood, the client pulled down the victim's lower garments as well when the victim took off the upper garments because of the heat.
The client then explained that he had pretended to photograph the friend after pulling down the friend's lower garments, but a photo was actually taken.
However, the client treated this conduct lightly, considering it a prank, and a serious legal problem arose in that the client had photographed and distributed a sexual photo of the friend without the victim's consent.
Theft at a Convenience Store
The client is also charged with stealing items from a convenience store on several recent occasions.
The theft was found to have been committed at the instigation of an older neighborhood youth whom the client usually feared, and the client committed it in order to gain the older youth's favor.
Following a report by the convenience store owner, the case was joined and heard together.
Charge of Assaulting a Friend
When it became known that the case was under investigation, friends who were usually quite mischievous teased the client, and the client, enraged by this, was charged with assaulting yet another victim and inflicting bodily injury.
The client explained that the conduct had occurred impulsively and that he was remorseful for the wrongdoing.
Booked on Charges of Producing Child Sexual Exploitation Material, Theft, and Assault
In this way, the client came to face charges in several cases, including charges of producing and distributing child sexual exploitation material, stealing items from a convenience store, and assaulting a classmate.
The client and the client's parents urgently sought a Gyodae school violence attorney and requested help so that, given that several cases had been joined, the client would not be referred to a juvenile reformatory.
2. Gyodae Law Firm | Review of the Case
The Gyodae school violence attorney reviewed the case, identified the issues, analyzed the relevant legal principles, and established a plan to assist the client.
The Issues of the Case
Gyodae Law Firm attorney, what were the charges against the client?
Gyodae school violence attorney: Yes, the client was booked on charges of photographing and distributing a nude photo of a neighborhood friend, theft at a convenience store, and assaulting a friend. The act of taking the photo was carried out without the victim's consent, and the theft and assault were also central charges in this case.
Gyodae Law Firm attorney, what were the issues in this case?
Gyodae school violence attorney: Yes, the issue in this case was whether the client, as a juvenile below the age of criminal responsibility (12 years old or younger), could receive a protective disposition instead of criminal punishment. In addition, although the client's conduct began as a prank, it caused serious harm to the victim, so whether a settlement was reached with the victim was important.
Analysis of the Relevant Legal Principles
Article 9 of the Criminal Act (Criminal Minors) provides that the act of a person who is under 14 years of age is not punishable, and under Article 9 of the Act on the Regulation of Violations of Public Order (Age of Responsibility), an administrative fine is not imposed for a violation of public order by a person who is under 14 years of age, but this does not apply where there is a special provision in another statute.
In addition, under Article 4, Paragraph 1, Item 2 of the Juvenile Act, a juvenile aged 10 or older but under 14 who has committed an act in violation of penal statutes is tried as a juvenile protection case.
In other words, a criminal minor refers to a person whose responsibility is precluded where a child under 14 years of age has committed a crime, so that no crime under the Criminal Act is committed even if the child commits any unlawful act in the Republic of Korea.
The client of the Gyodae Law Firm attorney was 12 years old and fell within the category of a juvenile below the age of criminal responsibility, who does not bear criminal liability under the law but may receive a protective disposition.
In the case of a juvenile below the age of criminal responsibility, rehabilitation and protective treatment could be carried out through a protective disposition.
3. Gyodae Law Firm | Details of the Assistance
The Gyodae school violence attorney thoroughly analyzed the legal situation facing the client and then strongly requested the court to grant a protective disposition.
① Absence of Intent
The client argued that pulling down the victim's upper and lower garments at the time of the incident had begun as a prank, and stated that he had no intention of deliberately producing sexual exploitation material. The client also argued that the victim was a friend with whom he was usually on friendly terms, and that he had not been aware that the photo he took carried any sexual meaning. In response, the Gyodae school violence attorney emphasized that the client had no sexual intent at the time of the act and made efforts to prove the absence of intent legally.
② The Family's Efforts to Prevent Reoffending
After the incident occurred, the client's family pledged thorough efforts and education to prevent the client from reoffending. The family promised continuous guidance and support so that the client would recognize the seriousness of the case and develop a sense of responsibility for his own conduct.
③ Settlement With the Victim
The client reached a settlement with the victim, and the victim's side accepted the client's apology and remorse. After the settlement, the victim's parents wanted a way to help the client avoid reoffending rather than criminal punishment, and asked that the client receive education to prevent reoffending.
4. Gyodae Law Firm | Entrustment to a Guardian's Protective Custody Obtained With the Assistance of a Gyodae Attorney
Through the efforts of the Gyodae Law Firm attorney, the client received an entrustment to a guardian's protective custody, through which the client gained an opportunity to be protected from the standpoint of rehabilitation and education rather than legal punishment.
The Gyodae school violence attorney explained that the attorney would provide continuous support and counseling so that the client could move forward on the right path.
Daeryun Law Firm has a number of criminal attorneys and actively responds to clients' cases.
If, like this case, you are a juvenile below the age of criminal responsibility but are at risk of referral to a juvenile reformatory because of the many cases involved, please seek a consultation through a 🔗legal consultation appointment application.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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