CONTENTS
- 1. The Client in the Child Abuse Crime Case
- - The Client Charged With Child Abuse
- 2. The Strategy for Defending Against the Child Abuse Crime
- - Preparation of a Letter of Apology and Guidance
- - A Temporary Disciplinary Process
- - The Absence of Any Concern of Reoffending
- 3. The Result of the Child Abuse Crime Case, a ‘Non-Disposition’
- - FAQ Related to Child Abuse
- 4. The Level of Punishment for a Child Abuse Crime
- - If You Need the Assistance of a Professional?
1. The Client in the Child Abuse Crime Case
The client in the child abuse crime case was the parent of the child and was at risk of facing criminal punishment, but through the systematic assistance of a criminal defense attorney, he received a non-disposition and was able to bring the case to an amicable conclusion.
A non-disposition refers to a decision, in certain matters such as juvenile proceedings, not to impose a protective disposition or to proceed with the litigation process.
As a result, the client was able to maintain his daily life without receiving any separate criminal punishment.
The Client Charged With Child Abuse
On the day of the incident, the client, momentarily angry at his child who would not listen, shouted, “Take off all your clothes and go outside.”
The child then actually left the house with his clothes off and headed to the nearby home of his grandmother.
The grandmother, who saw this, was greatly shocked and angered, and she reported the client to the police on a charge of child abuse.
The client, who subsequently came to face an investigation for a child abuse crime, requested the assistance of a criminal defense attorney in order to respond to the police investigation and to defend against future punishment.
2. The Strategy for Defending Against the Child Abuse Crime
The main issue in this case was whether the client’s conduct was part of simple discipline or whether it constituted a child abuse crime.
In other words, the key issue was how to establish that the words and conduct stemmed from momentary anger, and to persuade the investigative agency that the situation, in which the child showed an extreme reaction, could not be assessed as intentional abuse.
In addition, considering that the client had no prior record related to child abuse before the incident and had usually raised the child diligently, proving that there was no concern of reoffending was also an important issue.
Preparation of a Letter of Apology and Guidance
Although the client’s conduct had occurred in the course of disciplining his child, once he came to face a police investigation on a charge of a child abuse crime, he belatedly realized that his conduct could be legally problematic and reflected on it deeply.
Accordingly, in order to show that the client was sincerely repentant of the offense, the criminal defense attorney guided him to voluntarily prepare and submit a letter of apology.
A Temporary Disciplinary Process
The client had not at all anticipated that his child would truly leave the house with all of his clothes off.
Accordingly, the criminal defense attorney specifically explained that the client, as a parent, had merely spoken with the intention of discipline, and that it was difficult to foresee the child’s extreme reaction.
In addition, by carefully organizing and submitting the circumstances of the situation at the time, the client’s parenting attitude, and their usual relationship, he emphasized that it was a mistake in the course of a temporary disciplinary process rather than intentional abuse.
The Absence of Any Concern of Reoffending
The client consistently acknowledges all of his conduct and is deeply repentant.
Accordingly, the criminal defense attorney emphasized that the client had no prior record of any kind related to child abuse before this case and was a parent who had usually raised his child diligently.
In addition, in order to establish that it was a mistake that occurred in the course of a temporary disciplinary process, he organized and submitted specific materials on the parenting environment and family relationships, thereby highlighting the client’s genuine remorse and his will to prevent a recurrence.
3. The Result of the Child Abuse Crime Case, a ‘Non-Disposition’
By specifically explaining that it was a mistake in the course of a temporary disciplinary process rather than an intention of child abuse, and through the client’s genuine remorse and his voluntary submission of a letter of apology, this was recognized by the investigative agency, and a non-disposition was obtained.
Satisfied with the outcome, the client expressed his gratitude, saying, “I will make sure that something like this never happens again.”
FAQ Related to Child Abuse
A. Child abuse is broadly divided as follows.Q. What are the main types of child abuse crimes?
Physical abuse: the act of inflicting violence on a child’s body
Emotional abuse: the act of harming a child’s mental health and emotional development
Sexual abuse: sexual violence and exploitation directed at a child
Neglect: the act of neglecting or abandoning a child’s basic protection, care, and education
A. Once a report is received, the seriousness of the case is assessed through a police investigation. Depending on the circumstances, it may lead to a non-disposition, the closing of the investigation, indictment, and so on, and a defense strategy can be prepared with the assistance of an attorney.Q. If someone is reported for a child abuse crime, do they receive criminal punishment immediately?
4. The Level of Punishment for a Child Abuse Crime
As in the case of the child abuse crime client, the act of making a child take off his clothes may constitute an act of emotional abuse that harms a child’s mental health and development.
Such conduct is punishable as follows pursuant to Article 71(1)2 of the Child Welfare Act.
| Article 71(1)2 of the Child Welfare Act | Imprisonment for up to five years or a fine of up to 50 million won |
In addition, the following conduct is also subject to the same punishment.
Therefore, if you have become involved in a child abuse crime case, it is advisable to promptly prepare a response plan through a consultation with a criminal defense attorney.
· An act of neglect, such as abandoning a child under one’s protection and supervision, or neglecting basic protection, care, treatment, and education, including food, clothing, and shelter
If You Need the Assistance of a Professional?
In connection with a child abuse crime case, Daeryun Law Firm accurately analyzes the client’s position and establishes a response strategy in advance so that no unnecessary misunderstandings arise during the police investigation stage.
In addition, the firm responds to the case by systematically organizing and submitting specific materials, such as the circumstances of the case, the client’s parenting attitude, and a voluntarily prepared letter of apology.
If you have become involved in a child abuse crime case in a situation such as the one above, we ask that you request assistance through 🔗a legal consultation reservation with Daeryun Law Firm at any time.
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.
