[Pyeongtaek Child Abuse Attorney] A Pyeongtaek Child Abuse Attorney Case of a Judgment of Exemption of Prosecution for a Child Abuse Crime

The Pyeongtaek child abuse attorney set out to understand the situation in which the client's child abuse case from ten years earlier had resurfaced.

The client therefore came to the Pyeongtaek child abuse attorney, anxious about whether the statute of limitations had not expired,

and whether, in the case of child abuse, punishment was indeed warranted, and requested help while trembling with anxiety.

The Pyeongtaek child abuse attorney secured the indictment and the evidence records.

Based on those materials, the attorney examined how the statute of limitations for the case had run.

The Pyeongtaek child abuse attorney looked up the penalty provisions of the former Child Welfare Act that applied at the time of the offense and determined the length of the statute of limitations.

Looking at the penalty provisions of the former Child Welfare Act,

Looking at the penalty provisions of the former Child Welfare Act, the client's child abuse conduct was

conduct punishable by imprisonment for not more than 7 years and 6 months or a fine of not more than 45 million won

For the client's conduct, the statute of limitations is set at 7 years.

From the client's final offense date to the effective date of the special act, the statute of limitations ran for approximately 4 years and 9 months, after which it was suspended,

and from the time the victim children reached adulthood until prosecution was instituted, the statute of limitations ran for approximately 3 years, so it can be confirmed that the statute of limitations had expired.

The Pyeongtaek child abuse attorney examined the provision that sets out a special rule on the statute of limitations for child abuse.

Because that special provision contains no express rule regarding retroactive application and the like, whether it can be applied retroactively must be judged with care.

Regarding the prosecutor's argument that the statute of limitations should run “anew” from the day the child abuse victim child reaches adulthood, the Pyeongtaek child abuse attorney

√ argued that this is an interpretation contrary to the fundamental principles of the Criminal Procedure Act.

The Criminal Procedure Act sets the starting point of the statute of limitations as the “time the criminal act is terminated.”

The Pyeongtaek child abuse attorney argued that the statute of limitations special provision of the Child Abuse Punishment Act and the statute of limitations special provision of the Act on Special Cases concerning the Punishment of Sexual Crimes

√ cannot be interpreted identically merely because their structures are the same.

Citing past Supreme Court precedent, the Pyeongtaek child abuse attorney argued that the statute of limitations special provision of the Child Abuse Punishment Act

√ does no more than suspend the running of the statute of limitations going forward.

The “exemption of prosecution” pronounced by the Pyeongtaek child abuse attorney in the client's case refers to a judgment in a criminal case that concludes the litigation without proceeding to a judgment on the merits (a judgment of guilt or innocence).

Because no determination of guilt or innocence is made, the client cannot be said to be acquitted.

That is, it cannot be judged whether or not a crime exists.

In social terms, therefore, a judgment of exemption of prosecution tends to be thought of as an acquittal.

In addition, once a judgment of exemption of prosecution is received, the person is not tried or prosecuted again for the same crime.

The principle against double jeopardy applies.

The client therefore will not be investigated again by an investigative agency for the same child abuse.

If you are looking for a Pyeongtaek child abuse attorney, you may seek out the Pyeongtaek office of Daeryun Law Firm.

If, like the client, you are indicted for a past matter after time has passed, it is advisable to examine whether the statute of limitations applies.

At Daeryun Law Firm, attorneys with expertise in criminal cases manage cases through legal collaboration.

Because tailored solutions are provided based on citation of past precedent and data on cases similar to the client's case, case handling can proceed more readily.

If your case is being reinvestigated after a considerable amount of time has passed, it is advisable to determine whether the statute of limitations applies together with an expert.