Daegu Child Abuse Attorney | Non-Prosecution Decision for a Client Wrongly Charged with Child Abuse

The client who requested assistance from the Daegu child abuse attorney had been caring for the child as a childcare provider.

The client came to the Daegu child abuse attorney at Daeryun Law Firm after being the subject of a criminal complaint for child abuse filed by the child's mother.

The client had simply done the work of a childcare provider to the best of her ability and had not committed any abuse at all, so the situation was deeply unfair to her.

The Daegu child abuse attorney set out to assist in clearing the client, who was facing child abuse charges.

Child abuse refers to an adult, including a guardian, committing physical, mental, or sexual violence or cruel acts that may harm the health or welfare of a child (under 18) or impede normal development, as well as a child's guardian abandoning or neglecting the child.

Punishment for child abuse under the Child Welfare Act

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 4 (Killing or Causing the Death of a Child Through Abuse)
① A person who has committed a child abuse crime under items (a) through (c) of Article 2, Subparagraph 4 and kills the child shall be punished by death, life imprisonment, or imprisonment for not less than 7 years.
② A person who has committed a child abuse crime under items (a) through (c) of Article 2, Subparagraph 4 and causes the death of the child shall be punished by life imprisonment or imprisonment for not less than 5 years.

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 5 (Serious Bodily Injury Through Child Abuse)
A person who has committed a child abuse crime under items (a) through (c) of Article 2, Subparagraph 4 and creates a danger to the child's life or causes a disability or an incurable illness shall be punished by imprisonment for not less than 3 years.

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 7 (Aggravated Punishment of Employees of Child Welfare Facilities, etc.)
When a person obligated to report child abuse under each subparagraph of Article 10, Paragraph 2 commits a child abuse crime against a child under that person's protection, the penalty prescribed for the crime shall be increased by up to one-half.

The client argued that she had pulled the child in order to move the child, who was in a corner of the bumper bed, to the center, and that this was not abuse.

According to the CCTV footage reviewed by the Daegu child abuse attorney, the client had pulled the child in the course of adjusting the child's position within the bed, and it was difficult to view this as child abuse.

The client argued that she had laid the child down to put the child to sleep and was stroking the child's face in the process of doing so.

According to the CCTV footage submitted by the Daegu child abuse attorney, this appeared to be part of the process of covering the child with a blanket and putting the child to sleep, and it could not be recognized as a circumstance of child abuse.

The client stated that the complainant had instructed that the pacifier be given only when the child was sleeping, and that she had kept the child from using the pacifier because the child was not sleeping.

The Daegu child abuse attorney argued that the mere fact of removing the pacifier the child was holding could hardly be regarded as an act of emotional abuse, and that there was no other evidence to support the alleged facts.

As awareness of child abuse has recently increased, strict punishment is being imposed for child-related crimes.

When a person is arrested on child abuse charges, the resulting alarm may make it difficult to present a proper defense, and an actual custodial sentence may be imposed.

If you are at risk of being punished on child abuse charges, it is advisable to obtain the assistance of an experienced attorney.

At Daeryun Law Firm, experienced attorneys assist clients with their cases from the initial response through to resolution.

If you need to defend against punishment in a situation like the case above, please feel free to visit Daeryun Law Firm's 🔗Daegu attorney office.