CONTENTS
- 1. The Client Who Requested Assistance With the Juvenile Trial
- - The Client's Child, Indicted on a Charge of Violating the Resident Registration Act
- - What Is a Violation of the Resident Registration Act?
- 2. Daeryun's Assistance in Responding to the Juvenile Trial
- - Protection Strategy 1. Arguing That It Was an Impulsive Act of Delinquency
- - Protection Strategy 2. Arguments Regarding the Motive for the Delinquency
- 3. Result of the Juvenile Trial Assistance: Entrustment to Protective Custody Obtained
1. The Client Who Requested Assistance With the Juvenile Trial
This is the client who requested assistance with a juvenile trial.
The client's child, having recently received two years of probation in a juvenile protection case, had been indicted on a further charge.
The client was deeply worried that the child might receive a severe punishment, such as referral to a juvenile reformatory.
An attorney with experience in many juvenile trials comforted the client and set out to ascertain the specific facts.
The Client's Child, Indicted on a Charge of Violating the Resident Registration Act
The client's child (hereinafter the juvenile under protection) had been indicted on a charge of violating the Resident Registration Act.
The juvenile under protection found a resident registration card dropped on the street and immediately went into a bar and ordered alcohol.
The owner of the establishment asked for identification to verify the juvenile's age, and in the process the misuse of the resident registration card was discovered.
As a result, the juvenile under protection was indicted on a charge of violating the Resident Registration Act.
What Is a Violation of the Resident Registration Act?
A violation of the Resident Registration Act is an act that breaches the Resident Registration Act, and includes the misuse of a resident registration card and the improper use of a resident registration number.
Below are the representative violations of the Resident Registration Act.
| 1. Using another person's resident registration card or identification without authorization 2. Disclosing another person's resident registration number information for profit 3. Creating a false resident registration number and using it for financial gain 4. Improperly using an image of another person's resident registration card |
If a charge of violating the Resident Registration Act is established, the offense may be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
2. Daeryun's Assistance in Responding to the Juvenile Trial
In the case of the juvenile under protection facing the juvenile trial, because the juvenile had already received a disposition and committed this offense during the probation period, there was a high likelihood of a severe punishment.
The Daeryun juvenile crime attorney clearly ascertained the facts, identified the sentencing factors, and devised a defense strategy.
Juvenile Protective Dispositions Nos. 1 to 10 | |
No. 1 | Entrustment to Home Care |
No. 2 | Attendance Order |
No. 3 | Community Service Order |
No. 4 | Short-Term Probation by a Probation Officer |
No. 5 | Long-Term Probation by a Probation Officer |
No. 6 | Entrustment to a Juvenile Protection Facility |
No. 7 | Entrustment to a Juvenile Medical Protection Facility |
No. 8 | Referral to a Juvenile Reformatory for up to 1 Month |
No. 9 | Referral to a Juvenile Reformatory for 6 Months |
No. 10 | Referral to a Juvenile Reformatory for 2 Years |
Protection Strategy 1. Arguing That It Was an Impulsive Act of Delinquency
The Daeryun juvenile crime attorney argued that the delinquent act had occurred impulsively and that there was little likelihood of the juvenile committing the same or a similar act of delinquency again.
In particular, this incident made the juvenile under protection recognize that drinking alcohol, which a minor should not consume, was the cause of the continued delinquency.
The juvenile under protection has, on the juvenile's own initiative, sought treatment to overcome alcohol dependence and depression and continues to receive medication and other treatment.
The juvenile crime attorney argued the juvenile under protection's efforts to prevent reoffending and requested leniency.
Protection Strategy 2. Arguments Regarding the Motive for the Delinquency
The juvenile under protection was born and raised in a multicultural family, with a Korean father and a Chinese mother.
The father frequently traveled abroad on business, and because the Chinese mother was not fluent in Korean, the juvenile also could not speak Korean properly in early childhood and was often teased by friends.
This incident arose when the juvenile under protection, feeling depressed, experienced a momentary impulse to drink.
The juvenile crime attorney argued that the juvenile under protection had committed the act out of insufficient awareness that the conduct was a criminal offense of violating the Resident Registration Act, and requested leniency.
3. Result of the Juvenile Trial Assistance: Entrustment to Protective Custody Obtained
As a result of the assistance with the juvenile trial, the juvenile under protection was able to receive a decision of entrustment to protective custody.
The client explained, “I was truly afraid that my son would receive a decision of referral to a juvenile reformatory. The Daeryun attorney handled everything from the consultation to the materials for sentencing and the defense, so I was able to entrust the matter with confidence.”
Probation is a system under which the court supervises a person within the community to prevent reoffending, in place of criminal punishment.
If a juvenile under protection commits a crime again during the probation period, this constitutes a violation of the probation conditions, and a more severe punishment may follow.
In a situation like this, it is necessary to devise a response strategy with the assistance of an attorney to avoid a severe punishment such as referral to a juvenile reformatory.
At Daeryun Law Firm, juvenile crime attorneys with experience in many 🔗juvenile crime cases provide systematic consultation and step-by-step assistance.
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.
