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Does a juvenile crime also result in criminal punishment and leave a criminal record?

Hello. My child has been identified as a school violence offender this time. Since the matter is serious, I am prepared for a disposition by the School Violence Committee, but… I am worried because the other side's parents said they also filed a criminal complaint.. If a juvenile crime results in criminal punishment, does it receive the same punishment as for an adult? I also wonder whether a criminal record will remain.. How should I respond?

Juvenile crime

Punishment for juvenile crime

Juvenile protection trial

Answer

Published: 2023-03-22

Author : Kuk Il KIM

You have asked about punishment for juvenile crime.

A minor aged 10 or older but under 14 may receive a protective disposition under the Juvenile Act, but a minor aged 14 or older may be subject to both the Juvenile Act and the Criminal Act at the same time and may therefore also receive criminal punishment.

Usually, a minor's crime results in a protective disposition through a juvenile protection trial.

You may think of a juvenile protection trial as a trial that imposes a protective disposition for the purpose of rehabilitating the minor, rather than for the purpose of punishment.

However, if the nature of the offense is bad and a protective disposition is not deemed appropriate, it may be referred to a prosecutor and lead to criminal punishment, so you should be careful.

Even though a juvenile crime may receive a reduced sentence compared to an adult, a crime comparable to life imprisonment may result in imprisonment for 15 years, and even an ordinary prison sentence may be imposed for up to 5 to 10 years.

Therefore, it is important to judge the factors that can be considered in sentencing and to establish a strategy to defend against punishment.

You also asked about a criminal record; under Article 32 of the Juvenile Act, a protective disposition does not leave a criminal record, but if criminal punishment is imposed, a criminal record does remain.

Therefore, if a minor is involved in a juvenile crime, we recommend preparing a defense strategy in advance by receiving legal advice from a school violence attorney so that the matter can, if possible, be concluded with a protective disposition.