CONTENTS
- 1. Client Subject to a Child Abuse Complaint
- - The Client's Position
- 2. Explanation of the Concept of a Child Abuse Complaint
- - Penalty Levels for Child Abuse
- 3. Responding to the Child Abuse Complaint
- - Presentation of the Sentencing Guidelines
- - Denying the Likelihood of Reoffending
- 4. Result of the Child Abuse Complaint Case
1. Client Subject to a Child Abuse Complaint
This is the account of a client who requested assistance in defending against punishment in a crisis situation where a child abuse complaint had been filed.
At the time of this incident, the client encountered the victim while returning home after drinking with friends.
The victim, whom the client had never met before, confronted the client asking why the client was looking at the victim, and to respond to this the client got into an argument.
As the argument intensified, the client had physical contact such as pushing the victim's shoulder, and it turned out that the victim was a minor, and as a result this child abuse complaint was filed and an investigation proceeded.
The Client's Position
Regarding the child abuse charge, the client acknowledged having had a quarrel but asserted that there were aspects in which they were treated unjustly.
The client says that the victim was smoking and had a tattoo on their body, so the client not only did not recognize the victim as a minor but also felt intimidated.
In addition, the client says that, after the victim experienced the physical contact from the client and stated that they were a minor, the client immediately tried to bring the situation to an end.
The client sought this firm's assistance, asking for help so that they could avoid an actual custodial sentence.
2. Explanation of the Concept of a Child Abuse Complaint
Child abuse refers to an adult inflicting physical, mental, or sexual violence or cruel treatment that may harm a child's health or welfare or impede the child's normal development, as well as a child's guardian abandoning or neglecting the child.
Under the Child Welfare Act, a child means a minor under 18 years of age.
Under the Child Welfare Act, the following acts are classified as child abuse and are strictly prohibited.
2. The act of having a child engage in obscene conduct or mediating such conduct, or sexual abuse such as sexual harassment directed at a child
3. The act of physical abuse that injures a child's body or harms the child's physical health and development
4. The act of emotional abuse that harms a child's mental health and development
5. The act of neglect, whereby a person abandons a child under his or her protection and supervision, or is negligent in providing basic protection, upbringing, treatment, and education, including food, clothing, and shelter
6. The act of exhibiting a child with a disability to the public
7. The act of having a child beg or using a child to beg
8. The act of having a child perform acrobatics harmful to the child's health or safety for the purpose of public entertainment or performance, or delivering a child to a third party for such purpose
9. The act whereby a person other than an authorized placement agency arranges the upbringing of a child and acquires money or goods, or demands or promises money or goods
10. The act of using money or goods donated or paid for a child for purposes other than intended
Filing a complaint with an investigative agency regarding such conduct is referred to as a child abuse complaint.
Penalty Levels for Child Abuse
The client was charged with having committed, among acts of 🔗child abuse, a physical abuse act that causes injury to a child's body or harms the child's health and development, and an emotional abuse act that harms a child's mental health and development.
If the charges against the client are found, the client could be subject to imprisonment for up to 5 years or a fine of up to 50 million won under the Child Welfare Act.
3. Responding to the Child Abuse Complaint
In response to the child abuse complaint, the specialist attorney provided the following assistance in order to prevent the client's punishment.
Presentation of the Sentencing Guidelines
The attorney presented the sentencing guidelines for child abuse cases under the Child Welfare Act, as published by the Supreme Court Sentencing Commission, and sought leniency for the client.
According to the sentencing guidelines, special sentencing factors include cases where the offense was committed with dolus eventualis, cases where the degree of abuse was minor, cases where there was a motive worthy of consideration, and cases where the victim does not wish for punishment.
Accordingly, the attorney emphasized that the client had not been aware at the time that the victim was a minor.
The attorney also argued that the physical contact amounted only to pushing the shoulder, so the degree of abuse was very minor, and that the victim had picked a quarrel first, which led to the physical contact, so the motive for the offense was worthy of consideration.
Finally, with the attorney's help, the client completed the criminal mediation procedure and noted that the victim did not wish for the client to be punished.
Denying the Likelihood of Reoffending
The attorney argued that the client had a very low likelihood of reoffending.
The client has been exercising self-restraint since the offense in this case and is firmly resolved never to reoffend.
To date, the client has never committed any crime relating to child abuse.
Accordingly, the attorney argued that the client had a markedly low likelihood of reoffending and requested leniency.
4. Result of the Child Abuse Complaint Case
After hearing the arguments of the attorney who responded to the child abuse complaint, the prosecution issued the client a non-prosecution disposition of suspension of indictment.
Suspension of indictment is a disposition under which no indictment is brought at all if no offense is committed for a certain period, so the client was able to conclude this case at the prosecutorial investigation stage.
The client in this case faced the risk of even an actual custodial sentence, but through the attorney's response strategy he was able to escape that risk.
Upon being retained for a child abuse complaint case, our firm immediately undertakes consultation and case review and presents a tailored strategy.
If, like the client in this case, you are in a situation requiring a response to a child abuse complaint, we invite you to proceed with 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.
