Assistance from the Namyangju Attorney Office | Client Who Abused a Child with an Intellectual Disability, Defense Resulting in a Fine

The client who came to the Namyangju attorney office faced the risk of a heavy penalty for repeatedly abusing a child with an intellectual disability.

The client came to the Namyangju attorney office in order to reduce the penalty as much as possible.

[ Act on Special Cases concerning the Punishment of Child Abuse Crimes ]

Article 4 (Murder or Death Caused by Child Abuse)

(1) A person who commits a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 and kills a child shall be punished by death, imprisonment for life, or imprisonment for a definite term of at least seven years.
(2) A person who commits a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 and causes the death of a child shall be punished by imprisonment for life or imprisonment for a definite term of at least five years.

Article 6 (Habitual Offenders)

A person who habitually commits a child abuse crime under items (a) through (n) of subparagraph 4 of Article 2 shall have the penalty prescribed for that crime increased by up to one half.

However, this shall not apply where the person is subject to aggravated punishment as a habitual offender under another statute.

Article 7 (Aggravated Punishment of Employees of Child Welfare Facilities, etc.)

Where a person obligated to report child abuse under the subparagraphs of Article 10 (2) commits a child abuse crime against a child under his or her protection, the penalty prescribed for that crime shall be increased by up to one half.

[ Laws Relevant to Violation of the Act on Welfare of Persons with Disabilities and the Applicable Penalties ]

Article 59-9 (Prohibited Acts)

No one shall commit any of the following acts.

1. Acts such as sexual harassment or sexual violence that cause a person with a disability sexual humiliation

2. Acts of assaulting the body of a person with a disability or inflicting bodily injury

2-2. Acts of coercing a person with a disability into labor against his or her free will by means of assault, intimidation, confinement, or any other means that unjustly restrains his or her mental or physical freedom

3. Acts of abandoning a person with a disability under one's protection and supervision, or acts of neglect that fail to provide basic protection and treatment, including food, clothing, and shelter

4. Acts of making a person with a disability beg, or begging by using a person with a disability

5. Acts of arresting or confining a person with a disability

6. Acts of emotional abuse harmful to the mental health and development of a person with a disability

7. Acts of using money or goods donated or granted for a person with a disability for purposes other than the intended purpose

8. Acts of making a person with a disability perform acrobatics harmful to his or her health or safety for the purpose of public entertainment or performance

Article 86 (Penal Provisions)

② A person who falls under any of the following shall be punished by imprisonment for not more than seven years or by a fine not exceeding 70 million

won.

1. A person who commits an act under subparagraph 2 of Article 59-9 (limited to bodily injury)

③ A person who falls under any of the following shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.

3. A person who commits an act under subparagraph 2 of Article 59-9 (limited to assault) through subparagraph 6

The Namyangju attorney office conducted close consultations with the client and analyzed the circumstances favorable and unfavorable to the client.

It then prepared a suitable step-by-step response strategy and conducted the defense.

The court accepted the arguments of the Namyangju attorney office and imposed a relatively light 'fine'.