Deals & Cases

Joint infliction of bodily injury
Joint infliction of bodily injuryEntrustment to protective custody

Punishment of Juvenile Crime | Assisting a Juvenile under Protection and Obtaining Entrustment to Protective Custody

The client, who faced the punishment of juvenile crime, requested assistance with the juvenile trial as a whole once the referral to the juvenile court proceeded.

1. Case of a Client at Risk of Punishment for Juvenile Crime

The case of the client, who faced the risk of punishment for juvenile crime, occurred at a karaoke establishment.

On the day of the incident, the client visited the karaoke establishment with friends and happened to witness a situation in which some members of the group began arguing with the victim student.

As the other students continued the assault, the client ended up watching the scene without managing to stop it to the end, and in some moments, caught up in the heated atmosphere, the client made remarks to the effect of "hit him harder," encouraging the assault, and showed inappropriate reactions such as laughing while watching the victim being assaulted, which was pointed out as a problem.

In the end, the victim student suffered an injury requiring two weeks of treatment, and during the investigation it became an issue that, even though the client did not personally commit the assault, the act of encouraging and standing by during the assault at the scene could be assessed as "joint participation."

Case of a Client at Risk of Punishment for Juvenile Crime

What Are the Criteria for Applying Punishment to Juvenile Crime?

A case related to the punishment of juvenile crime may be heard as a juvenile protection case under the Juvenile Act, or it may proceed through criminal procedure, depending on the matter and the age, so the distinction by age is important.

▶Under 10 Years of Age

A person under 10 years of age is not subject to a juvenile protection case (juvenile court hearing) under the Juvenile Act, so as a rule the matter does not proceed through the juvenile court process.

▶Status Offenders Aged 10 or Older but Under 14

A status offender is not subject to criminal punishment and receives only a protective disposition under the Juvenile Act.

▶Juvenile Offenders Aged 14 or Older but Under 19

A juvenile offender (aged 14 or older but under 19) may, depending on the matter, proceed through a process in which the juvenile court imposes a protective disposition, and in some cases the matter may be determined through criminal procedure, so the direction is decided by comprehensively considering the seriousness of the case, the degree of participation, and prior record.

The types of protective dispositions that may be imposed under the Juvenile Act in a juvenile trial are as follows.

Type 1

Entrustment to protective custody of a guardian or a person who can protect the juvenile in place of a guardian

Type 2

Attendance center order

Type 3

Community service order

Type 4

Short-term probation by a probation officer

Type 5

Long-term probation by a probation officer

Type 6

Entrustment to protective custody at a child welfare facility or a juvenile protection facility

Type 7

Entrustment to a juvenile medical protection facility

Type 8

Referral to a juvenile reformatory for not more than one month

Type 9

Referral to a juvenile reformatory for six months

Type 10

Referral to a juvenile reformatory for two years

2. Assistance Provided in the Juvenile Trial for Punishment of Juvenile Crime

In responding to the punishment of juvenile crime, the school violence attorney did not pursue this case solely on the argument that "the client did not personally strike anyone."

While acknowledging the seriousness of the case and the suffering of the victim, the attorney focused on accurately organizing the degree of the client's involvement and on proving the circumstances that lowered the likelihood of reoffending.

1. Distinguishing the Degree of Involvement and Organizing the Circumstances
The school violence attorney organized and submitted, in chronological order, the points that the client did not personally carry out the assault and that the client had initially tried to stop the assault but failed to intervene as the situation escalated and ended up standing by. Through this, the attorney emphasized that this reflected an attitude of "acknowledging the facts and showing remorse" rather than evading responsibility.

2. Documenting the Settlement and Recovery of Damages
The school violence attorney specified and submitted the points that the client acknowledged the case, sincerely apologized, and attempted to recover the damages through compensation.

The attorney also organized the circumstance that the victim accepted the apology and expressed the intention not to seek punishment, so that it would be reflected as a mitigating factor.

3. Establishing a Guardian Supervision Plan
To demonstrate the "measures to prevent recurrence" that the juvenile court places importance on, the attorney specified the plan by which the client's mother and father would strictly manage and guide the client, along with measures for managing daily life, and persuasively showed that protective custody within the home could effectively be carried out.

Result of the Assistance: Entrustment to Protective Custody

As a result of the assistance, the client was able to receive a disposition of entrustment to protective custody in this case.

This was an order for entrustment to protective custody (Type 1), under which the client was to correct his way of life under the supervision of a guardian, and it can be regarded as a result of the juvenile court considering the purpose of "correction and prevention of recurrence" together rather than focusing only on "punishment."

The client and the guardian, while relieved by the result, expressed their intention to correct the client's way of life so that the same thing would never be repeated, using this opportunity as a turning point.

3. If You Are Facing Punishment for Juvenile Crime?

In a case involving the punishment of juvenile crime, the direction of the disposition may differ depending on whether the organization of the facts, the sincerity of remorse, the efforts to recover damages, and the guardian's guidance plan are properly in place.

In particular, where, as in a case involving the punishment of juvenile crime, a "form of participation rather than a direct act" becomes the issue, the key is to accurately distinguish the degree of involvement when submitting the case while maintaining an attitude that does not evade responsibility.

Daeryun Law Firm systematically supports juvenile and school violence cases, from organizing the initial statements to composing written opinions, organizing materials on the recovery of damages, and developing a defense strategy tailored to the points considered in the juvenile court hearing.

If you are at risk of punishment for juvenile crime, we ask that you request assistance through a 🔗legal consultation appointment.

청소년범죄처벌 | 보호소년 도와 감호위탁

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney EunYoung Kim

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Prosecutor experience at Seoul Southern District Prosecutors’ Office and Uijeongbu District Prosecutors’ Office

Attorney Park Han Jin

Park Han Jin

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Attorney specializing in school violence

Attorney GiJun LEE

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