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Deals & Cases

Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes

Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes | Child Abuse, Suspension of Indictment

The client, who was charged with a violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes, was booked on a charge of child abuse and came to an attorney with extensive experience in handling criminal cases to request a consultation.

CONTENTS
  • 1. The Client Charged With Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes
    • - The Client Booked for Child Abuse
  • 2. The Act on Special Cases concerning the Punishment of Child Abuse Crimes
    • - What Is the Sentencing for Child Abuse?
  • 3. Response Strategy for Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes
    • - Child Abuse Assistance (1): Arguing That an Amicable Settlement Was Reached
    • - Child Abuse Assistance (2): Arguing That the Conduct Constituted a Protective Measure
    • - Child Abuse Assistance (3): Arguing That Difficulties Would Arise in Sustaining a Livelihood
  • 4. Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes: “Suspension of Indictment”
    • - If You Are Involved in Child Abuse

1. The Client Charged With Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes

Daeryun case of defending against punishment for violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes

This is a case in which the client, who had been charged with violating the Act on Special Cases concerning the Punishment of Child Abuse Crimes and faced the risk of punishment for violating the Child Welfare Act, concluded the case with a suspension of indictment through the assistance of a criminal attorney.

The Client Booked for Child Abuse

The circumstances of the client who requested help after becoming involved in a charge of Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes are as follows.

The client had been performing work for the welfare and protection of children at a child welfare institution for a long time.

Then one day, while caring for a victim child as usual, when the child suddenly displayed aggressive behavior, the client separated the child into a room to calm the child down.

In addition, the client took actions such as lightly tapping the child's arm to restrain the child's violent behavior, and another employee who witnessed this reported the situation, so the client was booked on suspicion of child abuse.

The client, who was booked on a charge of Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes after failing to control a momentary emotion, was very anxious about possibly receiving heavy punishment.

Accordingly, the client visited Daeryun to conduct a thorough consultation with a specialized attorney who has handled numerous 🔗Violation of the Child Welfare Act cases and to be presented with a concrete solution.

2. The Act on Special Cases concerning the Punishment of Child Abuse Crimes

The client, who was booked for the crime of 🔗child abuse, requested help from a criminal attorney with extensive legal knowledge and case experience.

The criminal attorney closely reviewed the client's case and examined the statutes that could apply to the matter.

What Is the Sentencing for Child Abuse?

The punishment and sentencing for child abuse crimes are as follows.

▶ Article 71 of the Child Welfare Act

Type

Punishment and sentencing

Physical abuse

Imprisonment for not more than 5 years or a fine not exceeding 50 million won

Emotional abuse

Imprisonment for not more than 5 years or a fine not exceeding 50 million won

Sexual abuse

Imprisonment for not more than 10 years or a fine not exceeding 100 million won

If an employee of a child welfare facility commits child abuse, the following punishment may be imposed.

Article 7 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (Aggravated Punishment of Employees of Child Welfare Facilities)

Where a mandatory reporter of child abuse commits child abuse against a child under their protection, the punishment prescribed for the relevant crime shall be aggravated by up to one half.

In the case of those engaged in child education, involvement in a child abuse crime may make employment at related institutions difficult, which can significantly affect their livelihood.

Therefore, where one is accused of child abuse, it is very important to emphasize that the conduct was an unavoidable measure arising from an educational purpose and does not constitute abuse.

However, because the specific circumstances differ from case to case, it is necessary to consult a specialized attorney to prepare an accurate response.

3. Response Strategy for Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes

Daeryun violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes child abuse crime suspension of indictment case

The criminal attorney closely reviewed the case of violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes and established a strategy.

In order to obtain a suspension of indictment decision from the prosecution, the attorney advanced the following arguments.

Child Abuse Assistance (1): Arguing That an Amicable Settlement Was Reached

The client felt a deep sense of responsibility for having protected the victim child in an inappropriate manner and directly contacted the victim's parents to sincerely convey an apology.

Accordingly, the victim's parents forgave the client, and an amicable settlement was reached.

The attorney emphasized that they had clearly expressed their intention not to wish for the client to be punished.

Child Abuse Assistance (2): Arguing That the Conduct Constituted a Protective Measure

The client sought to restrain the victim’s sudden behavior while also taking protective measures in consideration of the safety of the other children.

The location in question was the space where the victimized child felt the greatest sense of security, and the purpose was to protect the child from external stimuli.

Accordingly, it was emphasized that the client had no definite intent to commit child abuse from the outset.

Child Abuse Assistance (3): Arguing That Difficulties Would Arise in Sustaining a Livelihood

As a professional working in the field of child education, the client took protective measures that were unavoidable given the childcare needs of the situation at the time.

Nevertheless, if the client were to receive criminal punishment on child abuse charges, his future employment at related institutions could be restricted, which may cause serious difficulty in maintaining his livelihood.

The criminal defense attorney emphasized that the act was carried out within the scope of an educational purpose and cannot be conclusively deemed an act of abuse.

4. Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes: “Suspension of Indictment”

The prosecution accepted the criminal attorney's argument and rendered a decision of 'suspension of indictment' in the client's case.

The client, who succeeded in defending against punishment for Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes, conveyed deep thanks.

If You Are Involved in Child Abuse

Child abuse is a serious offense that gravely infringes upon a child's fundamental rights, and the level of criminal punishment can become very high depending on the severity of the matter.

Accordingly, it is very important to establish a thorough strategy from the early stage of the case together with a 🔗criminal attorney specialized in child abuse cases.

Daeryun's criminal attorneys respond by establishing strategies tailored to the client, drawing on their expertise across the statutes related to child abuse and the investigation and trial procedures as a whole.

If you need the assistance of a specialized attorney in a situation similar to the case above, please entrust your case through a 🔗legal consultation booking.

아동학대범죄의처벌등에관한법률위반 | 아동학대범죄, 기소유예

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.

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