CONTENTS
- 1. Child Abuse, What Were the Detailed Circumstances?
- - Child Abuse, What Are the Relevant Statutes?
- 2. Child Abuse, What Was the Court's Determination?
- 3. Child Abuse, Daeryun's Strategy
1. Child Abuse, What Were the Detailed Circumstances?
The defendant, A, who was indicted for child abuse, was a private tutor running a study room, and for about three months had provided cognitive development education to a child with severe autism spectrum disorder.
When the child victim cried and screamed during a lesson, A is said to have covered the child's mouth with one hand, gripped and shaken the back of the child's head with the other hand, and pressed down hard on the child's shoulders with both hands.
The child victim's mother witnessed this scene through a gap in the veranda window and reported A to the police, and as a result A came to stand criminal trial on a charge of physical child abuse.
A, however, denied the charge, asserting that although it was true that A had placed an arm under the child's armpits, supported the back of the child's head, and tapped the child's lips with a finger in order to soothe the child, this did not constitute physical abuse.
Child Abuse, What Are the Relevant Statutes?
🔗Child abuse refers to an adult, including a guardian, committing physical, mental, or sexual violence or cruel acts that may harm the health or welfare of a child (under 18 years of age) or impede the child's normal development, as well as a child's guardian abandoning or neglecting the child.
■ Types of Child Abuse
Physical Abuse | Conduct that inflicts bodily injury, in circumstances that are not an accidental incident, either directly or by using a tool, brute force, or a harmful substance |
Emotional Abuse | Verbal insults, emotional threats, confinement or restraint, and other sadistic acts |
Sexual Abuse | Any sexual act committed against a child under 18 by an adult aged 18 or older, including a guardian, for the purpose of his or her own sexual gratification |
Abandonment and Neglect | Conduct of abandoning a child, placing a child in a dangerous environment, or failing to provide necessary food, clothing, and shelter, compulsory education, or medical measures |
■ Sentencing for Child Abuse
Where a person who has committed a child abuse crime kills the child | Death, life imprisonment, or imprisonment for at least 7 years |
Where a person who has committed a child abuse crime causes the death of the child | Life imprisonment or imprisonment for at least 5 years |
Where a person who has committed a child abuse crime causes a danger to the child's life or causes the child to suffer disability or an incurable disease | Imprisonment for at least 3 years |
Physical or mental abuse, abandonment or neglect of a child, having a disabled child put on display, or compelling begging | Imprisonment for up to 5 years or a fine of up to 50 million won |
In addition to the criminal punishment described above, a child abuse offender for 10 years after the completion of the sentence may not operate, or be employed at, child-related facilities such as daycare centers and welfare facilities for persons with disabilities.
2. Child Abuse, What Was the Court's Determination?
The District Court, which examined the child abuse charge, determined that the evidence submitted by the prosecutor alone made it difficult to prove that A had inflicted physical abuse on the child victim. The court also considered that, because the child victim's mother had not observed the entire course of the lesson, there was a possibility that she had mistaken the conduct for abuse.
In addition, although the opinion letter of the physician who examined the child victim stated that "there is a possibility of emotional instability related to child abuse," the court found that this was based on the statement of the child victim's mother and therefore had little value as independent evidence.
The court also determined that A's continued sending of apologetic messages to the child victim's mother after this incident was not an admission of A's offense, but rather an expression of the moral responsibility A felt as a teacher.
The seven jurors returned a unanimous verdict of not guilty, and the court, respecting this, entered a final judgment of acquittal.
3. Child Abuse, Daeryun's Strategy
We analyzed the District Court's judgment, which held in this child abuse matter that the defendant's conduct in calming a child with severe autism spectrum disorder could not be regarded as abuse and entered an acquittal.
When a person faces a charge of child abuse, the seriousness of the matter is heightened by the fact that the other party is a child. Accordingly, parties may wish to request legal assistance from an attorney experienced in criminal matters as soon as a charge arises, in order to defend against punishment.
Daeryun Law Firm LLP, through attorneys handling criminal matters, has 🔗numerous cases in which it obtained a reduction of sentence for clients involved in child abuse crimes. If you need assistance, you are welcome to contact Daeryun at any time.
