CONTENTS
- 1. The Client Facing the Risk of Punishment for an Offense by a Juvenile Under the Age of Criminal Responsibility
- - What Joint Assault Is
- 2. What Is an Offense by a Juvenile Under the Age of Criminal Responsibility?
- - Types of Protective Dispositions
- 3. Protective Disposition for a Juvenile Under the Age of Criminal Responsibility: Response Strategy
- - On the Day of the Incident, the Client Did Not Attend School
- - The Client Was a Student of Good Conduct
- 4. Outcome of the Response to the Offense by a Juvenile Under the Age of Criminal Responsibility
- - Daeryun's Assistance
1. The Client Facing the Risk of Punishment for an Offense by a Juvenile Under the Age of Criminal Responsibility
This is the account of a client who came to our firm's specialist attorney, stating that he faced the risk of punishment for a crime by a juvenile under the age of criminal responsibility.
The client was a 13-year-old juvenile under the age of criminal responsibility. The victim who filed the complaint against the client claimed that the client, while playing tag, kicked the victim's thigh together with other friends and thereby committed assault.
As a result, the client came to be charged with joint assault.
However, the client felt aggrieved, stating that he had not committed joint assault and had not even played tag in the first place.
Daeryun's specialist attorney decided to provide assistance in order to demonstrate that the client was not guilty.
What Joint Assault Is
The client, who faced the risk of punishment for committing a crime as a juvenile under the age of criminal responsibility, was charged with joint assault.
Joint assault refers to two or more persons jointly committing the crime of assault, which is subject to aggravated punishment.
Simple 🔗assault is punishable under Article 260 of the Criminal Act by imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine.
However, in the case of joint assault, the sentence is aggravated by up to one half under Article 2, paragraph 2 of the Punishment of Violences Act.
The client in this case, being a juvenile under the age of criminal responsibility, was not at risk of such punishment, but a protective disposition for a juvenile under the age of criminal responsibility, such as referral to a juvenile reformatory, could be imposed, so a prompt response was needed.
2. What Is an Offense by a Juvenile Under the Age of Criminal Responsibility?
A juvenile-criminal-conduct offense, as the term suggests, refers to a juvenile criminally incapable by reason of age committing an offense under the Criminal Act.
Here, a juvenile criminally incapable by reason of age is a juvenile aged 10 or older but under 14 who, even if he or she commits an offense under the Criminal Act, is not subject to criminal punishment but may be subject to a protective disposition for such juveniles.
Types of Protective Dispositions
The types of protective disposition imposed where a criminal charge is recognized against a juvenile under the age of criminal responsibility are as follows.
Attendance order (completion of designated education)
Community service order
Probation by a probation office
Entrustment for protection to a child welfare facility or youth shelter
Referral to a juvenile reformatory for not more than 1 month
Short-term referral to a juvenile reformatory for not more than 6 months
Long-term referral to a juvenile reformatory for not more than 2 years
Receiving a protective disposition for a 🔗juvenile crime committed by a juvenile under the age of criminal responsibility does not leave a criminal record.
You may take this lightly, but a protective disposition for a juvenile under the age of criminal responsibility is also recorded in the investigation history and can have an adverse effect if a criminal offense is later committed.
In addition, if it is recorded in the school record, significant disadvantages such as in university admissions may follow, so caution is required.
3. Protective Disposition for a Juvenile Under the Age of Criminal Responsibility: Response Strategy
In order to defend against a protective disposition for a juvenile under the age of criminal responsibility, the criminal defense attorney prepared and provided assistance with the following strategy.
On the Day of the Incident, the Client Did Not Attend School
According to the content of the text messages of the client's mother, which the criminal defense attorney collected in collaboration with the evidence investigation center, the client did not go to school on the day of the incident.
The criminal defense attorney emphasized that, because the client did not even attend school on the day of the incident as the victim claimed, there could not have been any joint assault.
The Client Was a Student of Good Conduct
The criminal defense attorney and the evidence investigation center collected and set about analyzing the client's school records.
As a result, it was found that the client was a student whom the homeroom teacher had evaluated as 'well-behaved.'
Citing this point, the criminal defense attorney emphasized that the client was a student who generally maintained good relationships with classmates and did not cause conflicts, and thus did not have the disposition to commit joint assault.
4. Outcome of the Response to the Offense by a Juvenile Under the Age of Criminal Responsibility
In order to defend against punishment for the crime by the juvenile under the age of criminal responsibility, the specialized attorney argued that the victim's statement was false and lacked credibility.
As a result, the court rendered a non-disposition decision for the client, and the client was able to clear himself of the wrongful suspicion.
The client and his parents expressed their gratitude, stating that thanks to the firm's specialized attorney they were able to clear the suspicion and escape the risk of a protective disposition for a juvenile under the age of criminal responsibility.
Daeryun's Assistance
To respond to cases involving crimes by juveniles below the age of criminal responsibility, such as the case of the client here, Daeryun LLC brings together relevant legal experts, including the Evidence Investigation Center, the Digital Forensics Center, criminal attorneys, and school violence attorneys, to respond collaboratively.
In addition, in preparation for the possibility that the victim may later file a claim for damages for psychological and physical harm, a civil attorney may present advance solutions.
In cases involving crimes by juveniles below the age of criminal responsibility, people often respond complacently, assuming that no criminal punishment will be imposed.
However, a juvenile below the age of criminal responsibility may also be referred to a juvenile reformatory and may suffer various disadvantages, so it is advisable to seek the assistance of an attorney as soon as a charge is raised.
If you are facing a protective disposition for a crime by a juvenile below the age of criminal responsibility, as with the client in this case, please proceed now with a 🔗legal consultation reservation.
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.
