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Deals & Cases

Child abuse

Child Abuse Defense Case | Dismissal of the Appeal for a Client Charged with Child Abuse and Other Offenses, Maintaining the Original Judgment

The client charged with child abuse and violation of the Act on Welfare of Persons with Disabilities had received a fine at the trial of first instance, but the prosecutor filed an appeal, so the client urgently came to a specialized attorney who had handled many related cases.

CONTENTS
  • 1. The Client Charged with Child Abuse and Other Offenses
    • - Background of the Case
  • 2. What Is Child Abuse?
    • - What Is a Violation of the Act on Welfare of Persons with Disabilities?
    • - Penalties
  • 3. Scope of Assistance for the Client Charged with Child Abuse and Other Offenses
    • - An Amicable Settlement with the Victim Child's Parents
    • - Risk of Reoffending and a First-Time Offender with No Criminal Record
  • 4. Result of Assistance for the Client Charged with Child Abuse and Other Offenses, 'Dismissal of Appeal'
    • - If You Are Involved in a Case Including Child Abuse?

1. The Client Charged with Child Abuse and Other Offenses

The client charged with child abuse and similar offenses faced concern over a potentially unfavorable judgment because the prosecutor filed an appeal, but through the systematic assistance of the criminal law specialist attorney, the original judgment was able to be maintained as it was

Background of the Case

The client worked as a private tutor and was conducting lessons at the home of a child with a disability.

During a lesson, the client was teaching with the child seated on the client's lap, and when the child did not listen, the client pinched the child's thighs and other areas several times.

The parents of the victimized child, who witnessed this, filed a complaint against the client on charges of child abuse and violation of the Act on Welfare of Persons with Disabilities.

At the first instance, a fine was imposed, but the prosecutor, finding the judgment excessively lenient, filed an appeal.

Feeling anxious about possibly receiving a heavier punishment, the client urgently requested the assistance of an attorney specializing in criminal matters.

Overview of the case of the client charged with child abuse

2. What Is Child Abuse?

Child abuse is a crime established with respect to abusive conduct directed at a child under 18 years of age.

Specifically, it refers to violence or cruel conduct by an adult, including a guardian, that harms a child's health or welfare or impedes the child's normal development.

Many people recognize only physical abuse as child abuse and deny the charge with respect to emotional abuse, but in fact physical, mental, and sexual violence and all forms of cruel conduct are included in child abuse.

In addition, if child abuse is recognized, disadvantages such as restrictions on employment in child-related occupations may arise in addition to criminal punishment.

What Is a Violation of the Act on Welfare of Persons with Disabilities?

This case was a matter in which a charge of violation of the Act on Welfare of Persons with Disabilities could be applied because there had been an act of abuse against a child with a disability.

A violation of the Act on Welfare of Persons with Disabilities refers to a case of violating an act prohibited under the Act on Welfare of Persons with Disabilities.

This includes various acts such as sexual abuse, physical assault, forced labor, neglect, forced begging, confinement, emotional abuse, and use of money or goods for purposes other than intended.

Penalties

Penalties for violation of the Act on Welfare of Persons with Disabilities

Act on Welfare of Persons with Disabilities, Article 86 ③ AssaultImprisonment for up to 5 years or a fine of up to 50 million won

Penalties for child abuse

Child Welfare Act, Article 71(1)2 Act of physical abuseImprisonment for up to 5 years or a fine of up to 50 million won

3. Scope of Assistance for the Client Charged with Child Abuse and Other Offenses

Matters of assistance for the client charged with child abuse and other offenses

For the client charged with child abuse and other offenses, the following assistance was provided so that the original judgment could be maintained in this case.

In addition, the attorney actively supported the settlement process with the victim's parents and established a systematic and prompt response strategy throughout the case.

▷ Continuous communication to build trust with the victim's parents and an amicable settlement

▷ Systematic collection and submission of objective materials capable of proving a low risk of recidivism

An Amicable Settlement with the Victim Child's Parents

During the first-instance trial, the client attempted to contact the parents of the child victim several times in order to reach a settlement, but in the end a settlement was not reached.

In response, the criminal attorney did not stop at mere attempts to make contact, but took a strategic approach, such as preparing a letter of apology and coordinating the method of delivery so that the client’s remorse and sincerity could be conveyed.

As a result, the attorney emphasized that the parents of the child victim accepted the client’s sincerity and that an amicable settlement was reached.

Risk of Reoffending and a First-Time Offender with No Criminal Record

Since the client voluntarily resigned from employment after coming under suspicion of child abuse in this case, there was almost no risk of reoffending.

In addition, the client had led an exemplary life, to the extent of never once having been investigated or punished apart from this case.

Accordingly, the attorney specializing in criminal matters carefully gathered related materials, such as written statements from people in the surrounding circle that could prove the client had lived diligently, and submitted them to the court as evidence.

4. Result of Assistance for the Client Charged with Child Abuse and Other Offenses, 'Dismissal of Appeal'

As a result of assisting the client charged with offenses such as child abuse, the court rendered a judgment dismissing the prosecutor's appeal.

The reason a prosecutor files an appeal is to seek a heavier sentence when the sentence imposed by the court of first instance is judged to be too light in relation to the seriousness of the case or the defendant's responsibility.

If You Are Involved in a Case Including Child Abuse?

Attorney assistance specializing in child abuse cases

For crimes such as child abuse, the protection of the victim and the prompt resolution of the case are most important, so a fast and systematic response is crucial.

This firm has many specialist attorneys who have handled numerous child abuse cases, and it closely analyzes the characteristics of each case and provides comprehensive legal services.

In addition, by cooperating with our in-house evidence investigation center, we secure objective and highly reliable evidence and thereby prepare effective responses.

If you are experiencing difficulties in a situation such as the above, we invite you to request assistance at any time through a 🔗legal consultation booking.

Watch related video content
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  1. How should I respond when a criminal case cannot be settled?

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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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