Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

A crime by a juvenile below the age of criminal responsibility.. Is there a possibility of punishment?

My spouse and I were both working, so we could not pay much attention to our child. At some point, the child seemed to go a little astray, but since there were no particular problems, we just left it. Then yesterday, we received a call from the child's school saying that another child's mother had filed a complaint against our child for assault. Our child is 13 years old and is a juvenile below the age of criminal responsibility. Is there a possibility of punishment even for a crime by a juvenile below the age of criminal responsibility? I am very worried about whether the child might go to prison.

crime by a juvenile below the age of criminal responsibility

Answer to Related Inquiry

Author: 김국일

Hello. This is a criminal defense attorney at Daeryun Law Firm.

You have left a question about the possibility of punishment for a crime by a juvenile below the age of criminal responsibility. A juvenile below the age of criminal responsibility is a juvenile offender who has not reached 14 years of age, the age of criminal responsibility, and this applies where a juvenile aged 10 or older but under 14 has committed a crime.

In the case of a crime by a juvenile below the age of criminal responsibility, criminal punishment is not imposed, but a protective disposition may be imposed, so it should not be taken lightly.

Protective dispositions are set out from No. 1 to No. 10, and the following dispositions are imposed depending on the seriousness of the criminal act.

Disposition No. 1: Entrustment to the custody of a guardian
Disposition No. 2: Attendance order
Disposition No. 3: Community service order (applicable only to those aged 14 or older)
Disposition No. 4: Short-term probation
Disposition No. 5: Long-term probation
Disposition No. 6: Entrustment to the custody of a juvenile protection facility
Disposition No. 7: Entrustment to the custody of a juvenile medical protection facility
Disposition No. 8: Referral to a juvenile reformatory
Disposition No. 9: Short-term referral to a juvenile reformatory
Disposition No. 9: Long-term referral to a juvenile reformatory

Your child will first undergo a police investigation, and if the charge is recognized, the case will be referred to the juvenile division of the competent court, and there appears to be a possibility of receiving a protective disposition.

In the case of a protective disposition, it does not remain on the criminal record, but a record remains in a later inquiry into the investigation history, which can work unfavorably in sentencing if the person reoffends.

In addition, if it is recorded in the school record, it can result in significant future disadvantages, such as in university admissions and employment.

Therefore, do not treat a crime by a juvenile below the age of criminal responsibility complacently, and you should seek the assistance of a criminal defense attorney to respond to the charge.

Based on our experience in handling related cases, our firm prepares strategies suited to crimes by juveniles below the age of criminal responsibility.

If you need legal assistance, you may request a consultation.