Deals & Cases
Wonju Child Abuse Attorney | Charge of Emotional Abuse Involving a Dog, Decision Not to Prosecute
The client who sought help was implicated in a charge of child abuse.
An attorney took on the client's defense and successfully concluded the case with a decision not to prosecute.
1. The Client's Situation

This is the account of a client who sought help.
The client had recently been reported by a neighbor on a charge of child abuse.
Caught off guard by the sudden report, the client decided to seek the assistance of an attorney experienced in child abuse matters from the early stage of the case.
The client looked for a firm in Wonju that had handled many child abuse cases and visited the Daeryun Law Firm office in Wonju.
The attorney reviewed the facts from a legal perspective and explained a response strategy.
Through Daeryun's coordination of evidence examination, digital forensics, and a security group for collecting evidence to respond to the child abuse charge, the client placed great trust in the firm and retained it for the defense.
The Circumstances of the Client's Case as Identified by the Attorney
The circumstances of the client's case, as identified by the attorney, are as follows.
The client had recently been in a deep conflict with the complainant over noise between floors.
The client kept a medium-sized dog and often went out for walks, and the complainant's child, in the lower grades of elementary school, frequently encountered them at the playground and the park.
The complainant's child, who was very mischievous, often threatened the client's dog and shot at it with a BB gun.
The client tried to dissuade the child gently, but the child's pranks grew steadily worse.
In the end, the client's dog came to assume a defensive posture, barking aggressively whenever it saw the complainant's child.
Seeing this, the complainant filed a complaint, claiming that the client had used the dog to threaten the child and had committed emotional child abuse.
Emotional Child Abuse Explained by the Attorney
🔗Child abuse refers to an adult inflicting physical, mental, or sexual violence or cruel treatment on a child under the age of 18 that may harm the child's health or welfare or impair normal development, or a guardian abandoning or neglecting a child.
In the case of physical or emotional abuse, the offender may be punished by imprisonment for up to five years or a fine of up to 50 million won.
Emotional abuse refers to verbal insults, emotional threats, confinement or restraint, and other sadistic acts committed by an adult, including a guardian, against a child, and it is also called verbal, mental, or psychological abuse.
Verbal violence, depriving a child of sleep, stripping a child and driving the child out, comparing, discriminating against, or favoring children, ostracizing a child within the family, having a child witness domestic violence, and forcing a child to abuse another child
As in the case above, there have been instances in which emotional child abuse through a dog was recognized.
A father in his forties who threatened to kill the family dog with a weapon in front of his teenage daughters was found guilty on a charge of child abuse.
The court determined that the act amounted to emotional abuse harmful to the mental health of the young daughters.
2. Wonju Child Abuse Attorney, Assistance for a Wronged Client
The attorney set out to collect evidence to prove that the client's child abuse charge was unjust.
The attorney, together with the 🔗evidence examination, digital forensics, and security group, collected lawful evidence and devised a defense strategy on that basis.
The Attorney's Argument Regarding the Child's Aggressive Behavior
The attorney argued that the complainant's child had behaved aggressively toward the client's dog.
To prove this conduct, the attorney secured CCTV footage installed at the playground and the park and the dashcam footage of vehicles parked nearby.
The footage captured the fact that the child had behaved aggressively, throwing stones at the client's dog first.
The attorney submitted the footage as evidence and argued the reason the dog had no choice but to assume an aggressive posture.
The Attorney's Argument That Emotional Abuse Was Not Established
The attorney argued that the conduct did not amount to emotional child abuse.
Emotional abuse refers to conduct that impairs, or may pose a significant risk to, the normal maintenance and growth of a child's mental disposition or attitude in feeling, thinking, and judging things.
In other words, it must be conduct comparable to causing harm to a child's body, or to abandonment or neglect.
In this case, however, the mere fact that the client's dog barked fiercely at the child can hardly be regarded as having inflicted such harm.
The attorney argued the following Supreme Court precedent and emphasized that the conduct did not amount to emotional abuse.
| Supreme Court, March 12, 2020, 2017Do5769 The relationship between the actor and the victimized child, the attitude the actor showed toward the victimized child at the time of the act, changes in the victimized child's condition, and the effect of the act on the normal development of mental health must be considered comprehensively. |
3. Result of the Wonju Child Abuse Attorney's Assistance, a Successful Decision Not to Prosecute
As a result of the attorney's assistance, a decision not to prosecute for insufficient evidence was obtained on the child abuse charge.
As with the client in the case above, if you are unjustly implicated in a charge of child abuse, it is most important to seek the assistance of an attorney and collect legal evidence that can prove your innocence.
Daeryun Law Firm provides tailored response strategies through coordination between attorneys experienced in many child abuse matters and an evidence collection and digital forensics group for lawful collection.

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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