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I have been reported for child abuse.. will I be punished?

My relationship with my wife is not very good. Recently, talk of divorce has even come up.. and we have also fought over trying to take custody from each other.. Perhaps because I was under stress, when my 5-year-old child cried too much, I pushed the child in a fit of anger. As soon as my wife saw it, she reported child abuse.. Even though this is my own son, will I be punished?

child abuse report

Answer to Related Inquiry

Author: 박동일

Hello. I am a criminal attorney at Daeryun Law LLC.

You have contacted us in a situation where you have been reported for child abuse.

Although I do not know your situation in detail, I recommend that you consult with a criminal attorney and prepare a response strategy before the police investigation.

Child abuse refers to an adult, such as a guardian, committing physical, psychological, or sexual violence against a child under the age of 19.

Because you committed physical violence, if the charge is recognized, you may be punished under the Child Welfare Act by imprisonment for up to 5 years or a fine of up to 50 million won.

The Sentencing Commission recommends that, in the case of physical child abuse, sentencing be based on a standard of at least 6 months and up to 1 year and 6 months.

Accordingly, in order to prevent an actual custodial sentence from being imposed, you should promptly find a criminal attorney. According to the Act on Special Cases concerning the Punishment of Child Abuse Crimes, when it is deemed necessary in consideration of the following grounds, the perpetrator of child abuse may receive a suspension of indictment on the condition of undergoing counseling, treatment, and the like.

▶ The nature, motive, and result of the case
▶ The relationship between the perpetrator of the child abuse and the victimized child
▶ The character of the perpetrator of the child abuse and the possibility of improvement
▶ The wishes of the victimized child, and so on

A criminal attorney will help defend against an actual custodial sentence by arguing that the victimized child ordinarily was very attached to you, that the offense was committed impulsively due to stress on the day of the incident, and that there is no room for reoffending again.

You must be very worried after being reported for child abuse; you are welcome to request a consultation.