Anyang Attorney Consultation | Suspension of Indictment Obtained Even in a Case of Child Abuse and Destruction of Property

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 4 (Murder of or Death of a Child Resulting from Child Abuse)

(1) Where a person who has committed a child abuse crime murders a child, the person shall be punished by death, life imprisonment, or imprisonment for at least seven years.

(2) Where a person who has committed a child abuse crime causes the death of a child, the person shall be punished by life imprisonment or imprisonment for at least five years.

The crime of special (aggravated) destruction of property is punishable by imprisonment for up to five years or a fine of up to 10 million won where a person destroys another's property or documents using a dangerous object or through the conspiracy of multiple persons.

Because special (aggravated) destruction of property involves a dangerous instrument or the conspiracy of multiple persons and therefore causes greater danger and harm, it carries a heavier penalty than ordinary destruction of property.

Through the Anyang attorney consultation, Daeryun argued that the client had no prior record of the same type of offense and no prior record of punishment.

In the course of disciplining the client's own child, who was the victim, the client failed to control momentary emotions, struck the child, and smashed the child's computer with a hammer, thereby becoming implicated in charges of 🔗child abuse and special (aggravated) destruction of property.

The client deeply regrets and reflects upon having engaged in the conduct described in the alleged facts. The client also continues to consider how to raise the child in order to become a good parent.

Through the Anyang attorney consultation, Daeryun emphasized that the client would endeavor to raise the child with patience and was resolved to faithfully complete the education ordered as a provisional measure.

Through the Anyang attorney consultation, Daeryun argued that the husband, who reported the matter, came to make the report because he was startled when the client became unusually agitated on the day of the incident, and that both the child victim and the person who reported the matter did not wish for the client to be punished.

The client sincerely apologized to the son, who was the victim, and to the husband, who reported the matter, for the conduct related to the alleged facts of this case, and is now doing everything possible to obtain their forgiveness and build a harmonious family.

Through the Anyang attorney consultation, we requested leniency and submitted petitions, prepared by the person who reported the matter and by the victim, stating that they did not wish for the client to be punished.