CONTENTS
- 1. Client Who Requested a Defense Against Imprisonment for Child Abuse
- - The Client's Requests
- 2. Crimes Subject to Imprisonment for Child Abuse
- - Penalty Levels for Child Abuse
- 3. Attorney Who Defended Against Imprisonment for Child Abuse
- - Collection of CCTV Footage
- - The Client's Attitude Toward the Children
- 4. Result of Responding to the Child Abuse Imprisonment Case
1. Client Who Requested a Defense Against Imprisonment for Child Abuse
This is the account of a client who sought the assistance of this firm's specialized attorney to defend against imprisonment for child abuse.
The client stated that she is a childcare teacher working at a daycare center and is being charged with child abuse.
On the day of the incident, lunch preparation was running later than usual, so the client had all the children lie face down in order to create a calm atmosphere.
Leaving the children to move about freely could lead to an unexpected safety accident, so this was an unavoidable measure.
In the course of this, the client had the child who was the victim in this case sit at the table first, and when the child's movement became restricted, the child began to cry.
In response, the client lightly pressed down on the child's head to have the child resume the face-down position.
The child bent forward limply, lost his balance, and his head touched the mat floor.
Upon learning of this, the child's parents filed a child abuse complaint, asserting that the client had applied physical force, causing the child's head to touch the floor.
The Client's Requests
The client, who faced the risk of imprisonment for child abuse, asked for help in defending against imprisonment.
The client asserted his innocence, stating that while it was true he had placed his hand on the child's head to have the child lie face down, he had applied only very slight force.
The client knew that a worker at a child welfare facility is subject to aggravated punishment if a child abuse crime charge is applied, so he earnestly wished to defend against imprisonment for child abuse.
2. Crimes Subject to Imprisonment for Child Abuse
In the context of imprisonment for child abuse, 🔗child abuse, under the Child Welfare Act, refers to an adult, including a guardian, committing physical, mental, or sexual violence or cruel treatment that may harm a child's health or welfare or impede normal development, as well as a child's guardian abandoning or neglecting the child.
Here, a child refers to a person under 18 years of age, and the crimes of child abuse include the following crimes.
2. Abandonment, overworking of a child
3. Arrest, confinement, confinement resulting in injury
4. Kidnapping, inducement, human trafficking
5. Rape, indecent act, imitative rape
6. Defamation, insult, etc.
Also, the Child Welfare Act strictly prohibits the following acts against a child.
2. Acts of sexual abuse
3. Acts of physical abuse
4. Acts of emotional abuse, etc.
Penalty Levels for Child Abuse
A person who commits emotional or physical abuse against a child shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won.
However, in the client’s case, under the provision below, he could be subject to aggravated punishment of imprisonment for not more than seven years and six months or a fine not exceeding 75 million won.
3. Attorney Who Defended Against Imprisonment for Child Abuse
The specialized attorney assisted as follows to defend against the client's imprisonment for child abuse.
Collection of CCTV Footage
The specialized attorney collaborated with the Evidence Investigation Center to collect the daycare CCTV footage.
Based on the footage, the specialized attorney emphasized that, while placing a hand on the head in the process of having the victim child lie face down might appear somewhat inappropriate, the client comforted the victim child immediately when the child began crying until the child stopped.
The client continued to comfort the victim child while holding the child in order to calm the child's emotions, and the argument was that the client's conduct was merely a natural action arising in the process of disciplining a victim child who could not sit still.
The Client's Attitude Toward the Children
The client, facing the risk of imprisonment for child abuse, recorded the characteristics of each and every child in the assigned class and made efforts to provide education suited to the children's characteristics.
To prove this, the specialized attorney submitted as evidence the notebook the client usually carried.
The client, though a daycare teacher nearing retirement, had worked with the children as the top priority more than anyone.
Citing these points, the specialized attorney requested leniency, arguing that the client's conduct in this case was not child abuse but merely one of the methods of educating a child.
4. Result of Responding to the Child Abuse Imprisonment Case
As a result of responding to the risk of imprisonment for child abuse, the court imposed a minor fine on the client.
The client was an employee of a child welfare facility, and a high level of imprisonment for child abuse was anticipated; however, with the support of the specialist attorney, the client was able to avoid a sentence of imprisonment.
Child abuse is met with severe punishment in that it hinders the emotional and physical development of the child.
Therefore, if you come to face such charges, there is a high likelihood that a judgment of imprisonment for child abuse may be handed down, so you should seek the support of a specialist attorney through a 🔗legal consultation reservation.
If you are in a situation where you need help, please reach out to our firm, where one-stop response by an evidence investigation center and specialist attorneys is available.
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.
