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Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (aggravated punishment for child abuse by child welfare facility workers and others)
Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (aggravated punishment for child abuse by child welfare facility workers and others)Non-prosecution

Child Abuse Attorney Assistance Case | Non-Prosecution for a Client Charged With Child Abuse

The client, who came to the child abuse attorney, faced the risk of criminal punishment on a charge of child abuse and, seeking to defend against punishment, requested assistance from an attorney who has handled numerous child abuse cases.

1. The Client Who Sought a Child Abuse Attorney

Daeryun child abuse attorney criminal punishment non-prosecution defense case

The child abuse attorney's client was a daycare teacher who faced the risk of criminal punishment on a child abuse charge, but received a non-prosecution decision with the assistance of an attorney who has handled numerous child abuse cases.

Why the Client Was Charged With Child Abuse

The client of the child abuse attorney had been working as a childcare teacher at a daycare center for 10 years.

Then one day, while stopping a child who was bullying a friend, the client ended up scratching the child's body.

When a wound appeared on the child's body, the client explained the full circumstances to the child's parents.

However, the child's parents reported the client for 🔗child abuse, and the client came to face criminal punishment.

To defend against punishment, the client requested the assistance of a child abuse attorney.

2. Child Abuse Explained by a Child Abuse Attorney

Daeryun child abuse attorney, criminal complaint, criminal punishment case study

As in the story of the child abuse attorney's client, if a person commits physical, mental, or sexual violence or cruel treatment that harms a child's health or welfare, that person may be charged with child abuse.

Such child abuse is punished under the Child Welfare Act and the Act on Special Cases concerning the Punishment of Child Abuse Crimes.

What Is the Penalty Range for Child Abuse?

The level of punishment for such child abuse is as follows.

Physical abuseImprisonment for not more than 5 years or a fine not exceeding 50 million won
Emotional abuseImprisonment for not more than 5 years or a fine not exceeding 50 million won
Sexual abuseImprisonment for not more than 10 years or a fine not exceeding 100 million won

Aggravated Punishment for Persons Obligated to Report Child Abuse

In addition, if a childcare teacher who cares for children, like the client, commits child abuse, that person will receive even more severe punishment and administrative sanctions.

The related statute is as follows.

Act on Special Cases concerning the Punishment of Child Abuse Crimes Article 7 (Aggravated Punishment of Employees, etc. of Child Welfare Facilities)

Where a person obligated to report child abuse commits a child abuse crime against a child under his or her protection, the punishment prescribed for that crime shall be aggravated by up to one half.

3. Three Areas of the Attorney's Assistance

The child abuse attorney formed a task force together with criminal attorneys who had handled numerous child abuse cases and closely reviewed the client's case.

The attorney also assisted the client by ascertaining the facts and collecting and analyzing evidence so as to defend against the client's punishment.

The Criminal Attorney's Assistance 1. There Was No Intent to Abuse

It is an undeniable and serious wrong that the client caused an injury to the child's body.

However, this injury was not the result of violence but occurred in the course of breaking up a fight between children.

Accordingly, it was argued that the injury arose while the client was attempting to discipline the child, and that there was no intent of violence or abuse.

The Criminal Attorney's Assistance 2. Settlement With the Parents of the Victimized Child

Out of a sense of reflection on his own conduct, the client had already reached a settlement with the parents of the harmed child.

The settlement agreement contained a clause stating that, after the settlement was established, no further civil or criminal liability would be pursued.

Accordingly, we argued that a settlement had already been reached with the parents of the harmed child, and that the harmed child has continued to attend the daycare center thereafter.

The Criminal Attorney's Assistance 3. The Client Is Showing Sufficient Remorse

The client was deeply reflecting on having hurt the child through the client's conduct.

The client had also never been involved in a child abuse charge even once during 10 years as a childcare teacher.

We emphasized that the client was sufficiently reflecting and was a first-time offender who had never been involved in child abuse before.

4. Result of the Attorney's Assistance: Non-Prosecution

As a result of the child abuse attorney's assistance to the client, the prosecution issued a decision of non-prosecution.

The client, who had been deeply blaming themselves for having caused injury to the child's body, expressed deep gratitude to the child abuse attorney.

When Charged With Child Abuse

This was the case of a client who became implicated in a charge of child abuse for causing injury to a child's body, but received a decision of non-prosecution through the assistance of a child abuse attorney.

As shown here, if a person obligated to report child abuse, such as a childcare teacher, commits child abuse, that person is subject to even heavier punishment.

Therefore, if you come to face a charge of child abuse, it is important to promptly obtain the assistance of a specialized attorney and establish a defense strategy.

At Daeryun Law Firm, attorneys who have experience with various criminal cases form case-specific task forces to present and provide tailored strategies for the client's case.

If you have become implicated in a charge of child abuse, please request assistance from a child abuse attorney through a 🔗legal consultation appointment.

아동학대변호사

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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