CONTENTS
- 1. The Client Who Came to Retain a School Violence Lawyer
- - The Story of the School Violence Lawyer's Client
- 2. Juvenile Protective Disposition Examined Through a Retained School Violence Lawyer
- - Types of Juvenile Protective Dispositions
- 3. Assistance to the Client Through a Retained School Violence Lawyer
- - Defense by the School Violence Lawyer | No Indecent Act by Compulsion Occurred
- - Defense by the School Violence Lawyer | The Victim's Inaccurate Statement
- - Defense by the School Violence Lawyer | Unclear Grounds for Indecent Act by Compulsion
- 4. Outcome of Assistance Through a Retained School Violence Lawyer
- - If You Are Involved in School Violence
1. The Client Who Came to Retain a School Violence Lawyer
The client who came to retain a school violence attorney was a minor charged with an indecent act by compulsion, who, facing the risk of a protective disposition over an allegation of having committed sexual molestation against a classmate, was in a difficult position.
The client sought out a school violence attorney to explain having been unintentionally involved in a sex crime and to avoid an excessive disposition.
The Story of the School Violence Lawyer's Client
The client is a third-year high school student who had a classmate friend with whom the client had attended a piano academy since the first year.
On the day of the incident, during a break, the client and the classmate friend played the piano together in the school music room.
Surprised to see that the classmate friend's body shape had changed considerably over the past year and that the friend had succeeded in dieting, the client talked mainly about that and placed a hand on the friend's knee and waist.
However, other friends were also present there, and the client did nothing else in particular, playing the piano until the break ended and then returning to the classroom.
Afterward, the classmate friend suddenly reported to the school and the police that the client had committed an indecent act by compulsion, and in response the client requested help from a school violence attorney to respond with legal assistance.
2. Juvenile Protective Disposition Examined Through a Retained School Violence Lawyer
As in the client's case, where a juvenile under the age of 19 commits a crime, the juvenile is subject to a protective disposition under the Juvenile Act.
Depending on the age, circumstances, and character of the juvenile who committed the crime, juveniles are classified into criminal juveniles, juveniles subject to the criminal law, and juveniles likely to commit crimes, and the procedures differ slightly accordingly.
In the case of 🔗juvenile crime, the overall progress of the proceedings is similar to that of an ordinary criminal case, proceeding through a prosecution investigation and a court decision, but it differs in that the outcome is not punishment but a protective disposition.
Criminal punishment has as its basic purpose the imposition of an appropriate punishment for the crime, but the protective disposition for juvenile crime places greater significance on rehabilitation and education, so its basic intent differs.
For that reason, a protective disposition is also rendered after comprehensively considering the circumstances, abilities, will, and disposition of the juvenile who committed the crime.
Types of Juvenile Protective Dispositions
The types and content of juvenile protective dispositions are as follows.
| Type | Period |
No. 1 | Entrustment to protective custody of a guardian, etc. | 6 months (extendable by 6 months) |
No. 2 | Attendance order | Within 100 hours |
No. 3 | Community service order | Within 200 hours |
No. 4 | Short-term probation by a probation officer | 1 year |
No. 5 | Long-term probation by a probation officer | 2 years (extendable by 1 year) |
No. 6 | Entrustment to protective custody of a welfare facility, etc. | 6 months (extendable by 6 months) |
No. 7 | Entrustment to a juvenile medical protection facility | 6 months (extendable by 6 months) |
No. 8 | Referral to a juvenile reformatory for up to 1 month | Within 1 month |
No. 9 | Short-term referral to a juvenile reformatory | Within 6 months |
No. 10 | Long-term referral to a juvenile reformatory | Within 2 years |
If you are involved in a juvenile crime, it is advisable to obtain the help of an attorney with expertise in the relevant field in order to closely understand the circumstances of the case and respond accordingly.
3. Assistance to the Client Through a Retained School Violence Lawyer
The attorney who assisted the client through the school violence attorney retention closely examined the overall circumstances of the case before and after and made arguments so that an excessive disposition would not be imposed.
Defense by the School Violence Lawyer | No Indecent Act by Compulsion Occurred
The client merely had physical contact while playing the piano together with the victim in a music room open to students and staff, with other students also present.
The school violence attorney emphasized that there had been no exercise of force sufficient to establish a forcible indecent act, and that, since it was an open space where many people were present together, it was difficult to find that a forcible indecent act had occurred.
Defense by the School Violence Lawyer | The Victim's Inaccurate Statement
The client remembered the circumstances at the time of the incident in detail and consistently stated that there was no situation that could be regarded as an indecent act by compulsion.
However, the victim continued to retract her statements and described the client's conduct only in abstract terms.
The school violence attorney emphasized that, because the victim's statements were inaccurate, it was difficult for the crime to be established.
Defense by the School Violence Lawyer | Unclear Grounds for Indecent Act by Compulsion
The client and the victim had been close friends who attended a cram school together from their first year of high school and would joke around with each other, and physical contact while joking had occurred between them from time to time before.
The school violence attorney emphasized that there was insufficient basis to regard this particular incident alone as a malicious forcible indecent act.
4. Outcome of Assistance Through a Retained School Violence Lawyer
Through the arguments of the attorney who helped the client by way of the school violence attorney retention, the client avoided the risk of criminal punishment and received protective disposition No. 4, 'short-term probation'.
If You Are Involved in School Violence
Unlike criminal punishment, a protective disposition does not leave a criminal record, but it may remain in the police investigation records, so it is important to respond well from the early stage.
In particular, because it can greatly affect the future personality development of the youth concerned, it is advisable to keep this in mind as well.
Daeryun Law Firm provides legal solutions suited to the client's situation based on experience resolving many juvenile protection cases.
If you are facing a similar problem, we invite you to seek help through a 🔗legal consultation appointment.
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.
