[Wonju School Violence Attorney Protective Disposition No. 1 Case] Impulsive School Violence Was Caused, but the Matter Concluded With a Light Protective Disposition

The Wonju school violence attorney participated directly in the consultation to understand the case.

The client's child and the other student were not usually close or on comfortable terms.

Then, on the day of the incident, during a physical education class, a quarrel broke out between them, and after exchanging minor insults it escalated into a fight.

According to the account, the other student first provoked the client's child with insults and picked a quarrel, and the client's child impulsively and momentarily struck the face, after which the other student did not come to school and was admitted to a hospital.

As a result, the client's child was scheduled to face a deliberation committee at the school as an offender of school violence, and preparation was needed because of the other party's criminal complaint.

The client requested the attorney's assistance in order to reduce the child's criminal punishment.

Because the client's child is a minor, the child is subject to the Juvenile Act and receives a protective disposition.

• Juvenile Act Article 32 (Decision on Protective Disposition)

If, as a result of the hearing, the juvenile court judge finds it necessary to issue a protective disposition, the judge shall, by decision, issue a disposition falling under any one of the following subparagraphs.

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

2. An order to attend a course

3. A community service order

4. Short-term probation by a probation officer

5. Long-term probation by a probation officer

6. Entrustment to protective custody at a child welfare facility under the "Child Welfare Act" or another juvenile protection facility

7. Entrustment to a hospital, a sanatorium, or a medical rehabilitation juvenile reformatory under the "Act on the Treatment of Protected Juveniles, etc."

8. Referral to a juvenile reformatory for not more than one month

9. Short-term referral to a juvenile reformatory

10. Long-term referral to a juvenile reformatory

The Wonju school violence attorney argued that the violence arose temporarily and spontaneously as a result of the other student's provocation and verbal abuse.

The attorney argued that the incident occurred in a moment when the client could not contain anger at the continued provocation and taunting of the other student, with whom there had been no particular prior contact, and that the client had not planned the violence in advance or already resolved to commit violence

before approaching the other student.

The Wonju school violence attorney argued that the client's child was deeply remorseful. The attorney emphasized that, although the child had committed violence after failing to contain anger, the child stopped immediately upon seeing blood from the other student's lip,

and that the child deeply regretted committing such an act of violence and was resolved never to commit violence again.

The child visited the other student several times to apologize, and a handwritten letter of apology was attached and submitted as evidence.

The Wonju school violence attorney argued that, until this incident, the client's child had been an exemplary student who got along well with friends and managed school life well.

By submitting the child's school record as evidence, the attorney argued that the child had usually been diligent in school life and had good relationships with classmates.

The attorney therefore emphasized that the child's propensity for violence was low and that the likelihood of reoffending was also very low.

The client's child had committed impulsive assault and was in a situation that could have led to a heavy punishment.

However, with the assistance of the Wonju school violence attorney, the child was able to obtain Disposition No. 1, the lightest protective disposition.

School violence litigation differs in nature from other criminal litigation, so the assistance of an attorney with extensive relevant practical experience can be of great help.

At Daeryun Law Firm, where focused attorneys who have served as advisory counsel to high schools personally prepare the response, cases are managed systematically and solutions are presented.

If your child is facing difficulties with a school violence matter like the client, please obtain a consultation and assistance from the School Violence Group at Daeryun Law Firm.