[Ansan Child Abuse Attorney Non-Prosecution] Ansan Child Abuse Attorney Achieved “Non-Prosecution” in an Assault and Child Abuse Case

The client in this case had a marital argument in front of his young child.

In the course of this, the client pressed his wife's neck with his elbow.

The client and his wife had been preparing for divorce for several years and were in a state of considerable mutual resentment.

As sharp words were exchanged, the emotions of the two grew heated, and the client thus committed an impulsive offense against his wife.

The client, gravely fearful that if he received criminal punishment he would face disciplinary action at his company and could even lose his job, sought out the Ansan child abuse attorney.

Simple Assault

▶ A person who commits assault against the body of another is punished by imprisonment for not more than two years, a fine not exceeding five million won, misdemeanor detention, or a minor fine (「Criminal Act」 Article 260(1)).

▶ However, the crime of assault is a crime not punishable against the victim's will (反意思不罰罪), which cannot be prosecuted against the express will of the victim (「Criminal Act」 Article 260(3)).

※ In a case such as simple assault that cannot be punished against the express will of the victim, the withdrawal of the expression of a desire for punishment may be made before the pronouncement of the judgment of the first instance, and a person who has withdrawn the expression of a desire for punishment may not file a complaint again (「Criminal Procedure Act」 Article 232(3)).

Assault Against a Lineal Ascendant

▶ A person who commits the crime of assault against his or her own or a spouse's lineal ascendant is punished by imprisonment for not more than five years or a fine not exceeding seven million won (「Criminal Act」 Article 260(2)).

▶ However, the crime of assault against a lineal ascendant is a crime not punishable against the victim's will (反意思不罰罪), which cannot be prosecuted against the express will of the victim(「Criminal Act」 Article 260(3)).

※ In a case such as assault against a lineal ascendant that cannot be punished against the express will of the victim, the withdrawal of the expression of a desire for punishment may be made before the pronouncement of the judgment of the first instance, and a person who has withdrawn the expression of a desire for punishment may not file a complaint again (「Criminal Procedure Act」 Article 232(3)).

Child Abuse

-In the case of physical abuse, emotional abuse, or neglect, a person may be sentenced to imprisonment for not more than five years or a fine not exceeding fifty million won, and in the case of sexual abuse, a person may be sentenced to imprisonment for not more than ten years or a fine not exceeding one hundred million won.

- Under the Act on Special Cases concerning the Punishment of Child Abuse Crimes, a person who commits child abuse may receive aggravated punishment depending on the degree of the child abuse or the level of the legal violation.

The Ansan child abuse attorney emphasized that the client felt deep guilt and regret over having had a physical altercation with his spouse in front of his son and was remorseful.

The Ansan child abuse attorney emphasized that the client had sincerely apologized to his wife and reached an amicable settlement, and that his wife accordingly expressed a desire not to have the client punished.

For assault and child abuse offenses, the sentencing range varies depending on the degree of the offense or the level of the legal violation.

For this reason, if you have become involved in such an offense, it is advisable to consult with an experienced attorney as soon as possible.

You may reach out at any time to the Ansan child abuse attorney, who has experience handling a variety of child abuse cases.