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Child abuse, neglect, bodily injury
Child abuse, neglect, bodily injurySuspended sentence

Uijeongbu Criminal Attorney | Uijeongbu Criminal Attorney Prevents a Prison Sentence for a Client Charged With Child Abuse and Neglect

The client of the Uijeongbu criminal attorney visited a Uijeongbu law firm while facing judgment on charges of child abuse and neglect. The Uijeongbu criminal attorney represented the client and prevented the imposition of a prison sentence.

1. Consultation With the Uijeongbu Criminal Attorney's Client

The client who came to the Uijeongbu criminal attorney was in the following situation.

The client had a wife and two children, one and two years old, born in consecutive years.

The client and his wife, who were struggling financially, had not planned to have a second child, but they could not abandon the life that had unexpectedly come to them, so they decided to economize a little more and gave birth to their second child.

After the birth of the second child, the wife found it difficult to care for the child normally due to postpartum depression and hired a babysitter. While the client was at work, the babysitter looked after the child, and after he returned home, the client took full charge of childcare.

With childcare added to a life that was already overwhelming due to work alone, the Uijeongbu criminal attorney's client found it hard to endure.

While the first child was relatively gentle, the second child cried whenever the client set him down.

One day, as usual, the client was putting the second child to sleep, but the child kept trying to leave the client's arms and would not stop crying.

The Uijeongbu criminal attorney's client then lost his composure and flung the child down onto the bed.

The child began to cry even harder, and the client left the child unattended, left the house, and stayed out overnight.

When he returned home the next day and went to the child's room, the child was sleeping soundly, as if nothing had happened, apparently having cried himself to exhaustion.

Perhaps that was the problem; the client began to habitually lay hands on the child whenever the child cried.

Although it was only at the level of light taps, it would have been a great shock to a one-year-old child.

After that, a decisive incident occurred. When the child began to cry upon seeing the client, who had returned home after drinking at a company dinner, the client struck the child's cheek.

The child went into convulsions and lost consciousness, and the wife, startled by the sound, rushed over and reported it to 119, and the hospital filed a report of suspected child abuse, so the client came to face this judgment and sought out the Uijeongbu criminal attorney.

2. The Criminal Facts of the Uijeongbu Criminal Attorney's Client

The Uijeongbu criminal attorney's client had a total of three criminal facts.

These were habitual abandonment and neglect of a child, bodily injury, and child abuse.

Child Welfare Act Article 3 (Definitions)

7. “Child abuse” means an act by an adult, including a guardian, of committing physical, mental, or sexual violence or cruel treatment that may harm the health or welfare of a child or hinder the child's normal development, as well as an act by a child's guardian of abandoning or neglecting the child.

Child Welfare Act Article 17 (Prohibited Acts)

No person shall commit any act falling under any of the following subparagraphs.

3. A physical abuse act that causes injury to a child's body or harms the child's physical health and development

6. A neglect act of abandoning a child under one's protection and supervision, or neglecting the basic protection, upbringing, treatment, and education of the child, including food, clothing, and shelter

Uijeongbu Attorney Specializing in Criminal Law: Client's Alleged Offenses (1) Habitual Child Abandonment and Neglect

No person may abandon a child under that person's protection and supervision or commit an act of neglect that disregards the basic protection, care, treatment, and education of the child, including food, clothing, and shelter; however,

the client repeatedly left the child alone at the residence and otherwise neglected the basic protection, care, and education, including food, clothing, and shelter, of the child under the client's protection and supervision.

Uijeongbu Attorney Specializing in Criminal Law: Client's Alleged Offenses (2) Bodily Injury and Child Abuse

At the residence, the client inflicted bodily injury on the child because the child kept crying and, at the same time, committed an act of physical abuse that caused harm to the child's body.

3. Uijeongbu Attorney Specializing in Criminal Law: Client's Penalty

Child Welfare Act Article 71 (Penalty Provisions)

(1) Article 17 A person who violates this provision shall be punished according to the following classifications.

2. A person who commits an act falling under any of subparagraphs 3 through 8 (in the case of an act of exposing a child to domestic violence under subparagraph 5, this refers to a person who commits an act of domestic violence under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence Article 2, subparagraph 4) shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.

Accordingly, the client faced the risk of being subject to imprisonment for not more than 5 years or a fine not exceeding 50 million won.

Because the harm to the child was severe, it appeared difficult to avoid an actual custodial sentence. The Daeryun Uijeongbu attorney specializing in criminal law took on the matter.

4. Uijeongbu Attorney Specializing in Criminal Law: Defense of the Client

The Uijeongbu attorney specializing in criminal law presented the following defense on behalf of the client.

Uijeongbu Attorney Specializing in Criminal Law: Defense of the Client (1) Reflection

The client feels deep guilt, regret, and remorse over the fact that the client's wrongful conduct caused irreparable harm to the client's beloved son.

The client stated that the client would devote every effort to the recovery of the second child's health and would work diligently to become a head of household who protects and safeguards the family.

Uijeongbu Attorney Specializing in Criminal Law: Defense of the Client (2) Prevention of Reoffending

The client believes that only by recovering the client's own mental health will the client be able to atone and properly fulfill the role of a parent for the child, and the client is receiving psychiatric counseling and making efforts to prevent reoffending.

Uijeongbu Attorney Specializing in Criminal Law: Defense of the Client (3) The First Child

The client committed no act of abuse whatsoever against the first child and raised the child only with love. As a result, the first child was very attached to the client and was very fond of the client.

However, after the client's detention left the client unable to care for the first child, the first child experienced great emotional distress, calling for the father every day and refusing meals. For the sake of the first child, who is the older brother of the second child (the affected child), the client's care of the child is needed.

Uijeongbu Attorney Specializing in Criminal Law: Defense of the Client (4) Childrearing

Ultimately, the client must raise the second child over a long period until the child reaches the age of majority. Having the client raise the child and form an emotional bond as soon as possible, while devoting the client's best efforts to the child's treatment and care, is necessary for the child's emotional growth and development. Conversely, severing the relationship with the biological father over a long period would be harmful to the affected child as well.

5. Uijeongbu Attorney Specializing in Criminal Law: Judgment for the Client

The client caused indelible harm to the child.

It was an event that should never have happened. However, the client has resolved again and again never to repeat the same mistake and is spending the time in atonement.

After the Uijeongbu attorney specializing in criminal law presented a diligent defense for the client, the court rendered a suspended sentence for the client.

Child abuse is a serious crime, and avoiding an actual custodial sentence is very difficult.

If you have made a mistake that should not have happened and deeply regret it, and you wish to have another opportunity, you may contact Daeryun to request assistance.

[의정부형사전문변호사] 의정부형사전문변호사, 아동학대 및 방임 의뢰인 징역형 막아내

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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