[Anyang Legal Consultation Case] A Case Referred to the Juvenile Court After an Anyang Legal Consultation

During the Anyang legal consultation, we reviewed the charges committed by the client's child and assessed the seriousness of the matter.

Rape, assault, and driving without a license were extremely serious crimes for a minor to have committed.

Because the child was 14 years of age or older at the time of the conduct and was therefore a juvenile offender who could face criminal punishment, a legal consultation was necessary.

The client's child

√ had sexual relations with a female victim under 13 years of age, thereby committing the crime of statutory rape of a minor¹,

√ assaulted a younger schoolmate together with friends, committing the crime of assault, and

√ drove a parent's vehicle without a driver's license, a violation of the Road Traffic Act.

The child was to be adjudicated on a total of three charges. The child also had a prior record, including a suspension of indictment for several criminal acts (theft, violation of the Juvenile Act, and others), which made the matter even more serious.

In the Anyang legal consultation, the client wished for the child to receive a lighter disposition and an opportunity to reflect,

and during the consultation requested an attorney's assistance regarding the several criminal acts.

_{1) Statutory rape of a minor: This crime is established when a person engages in sexual intercourse knowing that the other person is under 13 years of age, or is 13 or older but under 16 years of age.}

_{When the intercourse is achieved through assault or intimidation, the crime of rape is established. The victim's consent does not affect the establishment of this crime.}

In the Anyang legal consultation, we explained that even if the child receives a protective disposition and is sent to a juvenile reformatory, this is a far lighter outcome than being confined in a juvenile prison through criminal punishment.

Confinement in a juvenile reformatory may appear to be a very heavy disposition, but for a child 14 years of age or older it is generally a lighter disposition than criminal punishment, which should be kept in mind.

For example, consider a juvenile under the age of criminal liability (10 or older to under 14 years of age), who could only receive a protective disposition, who is suspected of a crime and was under 14 years of age at the time of the offense,

but who had reached 14 years of age or older by the time the related criminal trial proceeded. Such a person is indeed a minor below the age of criminal responsibility, but under the Juvenile Act is classified not as a juvenile under the age of criminal liability but as a juvenile offender, and may therefore receive criminal punishment.

In the Anyang legal consultation, we presented a defense strategy aimed at having the case referred to the family court and handled as a juvenile protection case.

Although the child had committed several delinquent acts, we decided to emphasize √ that the child was still very young and, given that these criminal acts occurred around the same time in close succession, √ that there was potential for rehabilitation going forward.

After the legal consultation, the Anyang office of Daeryun Law Firm formed a case team of three or more members, including a criminal law specialist attorney and a professional with experience in a school violence response unit.

Based on the matters the client discussed during the Anyang legal consultation, we reviewed several points in order to present defense arguments favorable to the child.

• √ The first defense argument emphasized in the Anyang legal consultation

That the court should take into account that the child had sexual relations with the victim by mutual agreement and that there was no assault or intimidation whatsoever.

• √ The second defense argument emphasized in the Anyang legal consultation

That the child is sincerely reflecting on the conduct and went in person to apologize to the victims and is full of regret.

• √ The third defense argument emphasized in the Anyang legal consultation

That the child is a young adolescent currently enrolled in middle school, was around 14 years of age at the time of the offense, and lacked awareness that the conduct was a serious crime.

That the parents will further strengthen the child's upbringing as a result.

• √ The fourth defense argument emphasized in the Anyang legal consultation

That, rather than imposing criminal punishment, there is a need to take measures through rehabilitation and guidance so that the child may grow into a responsible member of society.

The client, who had been full of concern and worry at the time of the Anyang legal consultation, was very satisfied to receive the result that the child's case had been referred to the family court, where a protective disposition was possible.

If a child is 14 years of age or older, the child is at an age where criminal punishment is possible, so it is important to obtain a legal consultation and seek an attorney's assistance from the early stages.

Age is also very important when a criminal trial proceeds, so obtaining a legal consultation is advisable,

so that the child may receive the lighter disposition of a protective measure and be rehabilitated into a responsible member of society.