Rape Under the Act on the Protection of Children and Youth Against Sexual Abuse—Dispositions Nos. 1, 2, 3, and 5; Joint Injury—No Disposition

This was a juvenile protection case in which Dispositions Nos. 1, 2, 3, and 5 were imposed for the rape allegation under the Act on the Protection of Children and Youth Against Sexual Abuse, while a decision of no disposition was issued with respect to the joint injury allegation. The principal factors considered included whether the sexual intercourse was forced, whether the client actually participated in the joint infliction of injury, and the client’s conduct and degree of remorse during the period of placement at the Juvenile Classification Review Center.

01
Whether the Sexual Intercourse Was Forced
02
Whether the Client Participated in the Joint Infliction of Injury
03
Level of Protective Disposition

MEGA X distinguished and organized the factual circumstances and legal issues relating to the sexual offense and joint injury allegations. After reviewing the relevant records, we submitted an opinion focusing on the principal factors to be considered with respect to each allegation.

With respect to the joint injury allegation, we explained that the client had not participated in the assault but had become involved in the incident while attempting to stop an altercation between other individuals.

With respect to the rape allegation under the Act on the Protection of Children and Youth Against Sexual Abuse, we reviewed the circumstances relating to whether the sexual intercourse was forced and, at the same time, organized circumstances that could be considered favorably to the client when determining the protective disposition. In particular, we presented our position so that the client’s conduct and degree of remorse during the period of placement at the Juvenile Classification Review Center would be appropriately taken into consideration.

No Disposition