Deals & Cases

Violation of the Child Welfare Act (Child Abuse)
Violation of the Child Welfare Act (Child Abuse)Non-disposition (juvenile)

[Daejeon Child Abuse Attorney] Client Named as a Person Who Committed Child Abuse Receives a ‘Non-Disposition’ with the Defense Attorney's Help

The client who visited the Daejeon child abuse attorney had been reported for child abuse over a minor argument with her child, and through the assistance of the Daejeon child abuse attorney she received a non-disposition decision.

1. The Account of a Client Who Visited the Daejeon Child Abuse Attorney

The client who visited the Daejeon child abuse attorney was reported to the police as a person who had committed child abuse while arguing with her daughter at a hospital.

However, because there was no intent to abuse whatsoever, she took the position that the accusation was unjust, and she sought help from the Daejeon abuse attorney in order to assert her innocence.

What Was the Background of the Case as Seen by a Daejeon Child Abuse Attorney?

The client and her daughter had maintained a good relationship for a long time. However, as the daughter entered adolescence, the relationship deteriorated.

When the daughter, who had grown sensitive, directed profanity at the client, the client, angered by this, scolded the daughter, and the quarrels continued.

The daughter had also suffered from a rare disease since childhood and had received treatment at a university hospital for more than 10 years. The two also came into conflict over treatment and medication.

On the day the client was identified as a perpetrator of child abuse, she had also taken her daughter to the hospital. On that day, the two again fell into conflict, and the daughter eventually burst into tears.

Afterward, the daughter asked a nurse to separate her from the client, and a report of child abuse was filed.

The police, who began the investigation, also applied charges of child abandonment and neglect, asserting that the client had not accompanied her daughter to the hospital on the scheduled appointment day, and that she had not stopped the daughter even though she knew the daughter was not taking her medication.

Statutes Explained by a Daejeon Child Abuse Attorney

Child Abuse Under the Child Welfare Act

Physical abuse (Child Welfare Act Article 71(1)(2), Article 17(3))Imprisonment for up to 5 years or a fine of up to 50 million won
Emotional abuse (Child Welfare Act Article 71(1)(2), Article 17(5))Imprisonment for up to 5 years or a fine of up to 50 million won
Child abandonment and neglect (Child Welfare Act Article 71(1)(2), Article 17(6))Imprisonment for up to 5 years or a fine of up to 50 million won
Making a disabled child a spectacle (Child Welfare Act Article 71(1)(2), Article 17(7))Imprisonment for up to 5 years or a fine of up to 50 million won
Forcing begging or using a child for it (Child Welfare Act Article 71(1)(2), Article 17(8))Imprisonment for up to 5 years or a fine of up to 50 million won
Coercion of lewd acts, procuring, sexual harassment, etc. against a child (Child Welfare Act Article 71(1)(1-2), Article 17(2))Imprisonment for up to 10 years or a fine of up to 100 million won
Sale of a child (Child Welfare Act Article 71(1)(1), Article 17(1)) Imprisonment for up to 10 years

2. Defense Strategy of the Daejeon Child Abuse Attorney

The Daejeon child abuse attorney emphasized that the deepened conflict between the client and her daughter had merely escalated into quarrels, and that there had been no conduct amounting to abuse whatsoever.

Daejeon Child Abuse Attorney Emphasizes That There Was Absolutely No Abusive Conduct

The daughter claimed that her mother, the client, had directed profanity at her. However, this was a misunderstanding by the daughter of the client's muttering to herself. The client had never said any such thing.

Naturally, there had also been no instance of any direct assault. On this basis, the Daejeon child abuse attorney argued that the client's conduct did not amount to child abuse.

Daejeon Child Abuse Attorney Emphasizes That the Reporter Was Mistaken

The person who first reported the client was a university hospital nurse. The report was made after the conflict between the two reached its peak and the daughter burst into tears and asked to be separated from her parent.

However, the two had merely argued over the daughter's excessive phone use. The Daejeon child abuse attorney argued that the client's conduct was discipline directed at the daughter.

Daejeon Child Abuse Attorney Emphasizes That There Was No Intent to Neglect

It is also true that the client did not visit the hospital on the scheduled appointment day and did not force her daughter to take medication. However, there was no malicious intent here at all.

The daughter had long been stressed about taking medication, and the side effects were also severe.

The client therefore sought advice from the attending physician and received the answer that they should, for the time being, stop the medication and observe the situation.

The Daejeon child abuse attorney argued that the client did not go to the hospital solely because of this advice from the attending physician and had no other intent.

3. The Result of the Daejeon Child Abuse Attorney's Assistance? 'Non-Disposition'

As a result of the Daejeon child abuse attorney's active assistance to the client, the court issued a 'non-disposition' decision regarding the client.

What if You Have Been Wrongly Identified as a 'Child Abuse Perpetrator'?

Many people experience conflicts large and small with children who have become extremely sensitive as they enter adolescence.

Among them, some may regard mild scolding or corporal punishment as part of disciplining their child.

However, as cases of child abuse within the home have recently increased, investigative agencies and the courts treat such crimes very seriously.

For this reason, even if there was no intent to abuse at all, depending on the circumstances, a child abuse charge may be recognized and a severe penalty may be imposed.

Because early response is most important in child abuse cases, if you have unintentionally become involved in a related case, you may seek the assistance of Daeryun Law Firm, where the Daejeon child abuse attorney practices.

[대전아동학대변호사] 아동학대 가해자로 지목된 의뢰인, 변호인 도움받고 ‘불처분’

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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