[Image source=Yonhap News]
[Asia Economy Reporter Kim Daehyun] The statute of limitations for child abuse crimes should be considered to start from the time the child reaches adulthood, according to a Supreme Court ruling.
On the 17th, the Supreme Court's 3rd Division (Presiding Justice Kim Jaehyung) announced that it overturned the original ruling which had sentenced Mr. A to a suspended prison term in his appeal trial on charges including habitual assault and violation of the Child Welfare Act (child abuse), and remanded the case to the Seoul Western District Court.
Mr. A was prosecuted for habitually assaulting his stepson, Mr. C, and his wife, Mrs. B, whom he remarried in 2008, over a period of about eight years.
The first trial found Mr. A guilty of some charges and sentenced him to two years in prison. At that time, the court pointed out, "At the time of the crime, Mr. C was in a period of various developments and growth," and criticized Mr. A's perception that the assault and abuse were common occurrences during marital disputes or part of discipline as very inappropriate.
However, the second trial reduced the sentence to one year and two months in prison with a three-year suspension. Since the statute of limitations for child abuse crimes under the Child Welfare Act is seven years, the crimes that ended in 2009 could not be prosecuted as they were charged in 2017, eight years later.
On the other hand, the Supreme Court ruled to re-examine and judge the case. It focused on Article 34 of the Act on Special Cases Concerning the Punishment of Child Abuse Crimes, enacted in 2014, which stipulates that the statute of limitations is suspended until the victim child reaches adulthood, applying this provision retroactively.
The court stated, "The statute of limitations for child abuse crimes begins from the day the victim child reaches adulthood," and overturned and remanded the case.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
