CONTENTS
- 1. Robbery | Definition
- - Requirements for the Establishment of Robbery
- - Differences Between Robbery and Larceny
- 2. Types of Robbery
- - Severity of Punishment for Robbery
- - Statute of Limitations for Prosecution
- - Points of Caution
- - Sentencing Guidelines for Robbery
- 3. Robbery | How a Suspect Should Respond.
- - Early Stage of Investigation
- - Detention Warrant and Trial Stage
- - If You Believe the Judgment Is Unjust
- 4. Robbery | How a Victim Should Respond
- 5. Robbery | Response Measures
1. Robbery | Definition
Robbery is a crime that is established when a person, through assault or intimidation, takes another's property by force or obtains a pecuniary benefit.
Requirements for the Establishment of Robbery
2. Another's property must be taken by force
3. A pecuniary benefit must be obtained
Differences Between Robbery and Larceny
Category | Larceny | Robbery |
Object | Property | Property + pecuniary benefit |
Act | Stealing | Taking by force (assault or intimidation + stealing) |
Special Provision on Larceny Among Relatives | O | X |
*What is the special provision on larceny among relatives? The special provision on larceny among relatives is a special rule under the Criminal Act that exempts the penalty for property crimes among relatives or that prohibits prosecution without a complaint.
2. Types of Robbery
Special (Aggravated) Robbery
2. Where robbery is committed while carrying a deadly weapon or jointly by two or more persons
Quasi-Robbery
2. Where a person commits assault or intimidation for the purpose of destroying traces of the crime
Hostage Robbery
Robbery Causing Death or Injury
Where a robber kills another(robbery causing death by killing, or death)
Severity of Punishment for Robbery
| Criminal Act Article 333 (Robbery) | Imprisonment for a definite term of not less than 3 years |
| Criminal Act Article 334 (Special Robbery) | Life imprisonment or imprisonment for not less than 5 years |
| Criminal Act Article 335 (Quasi-Robbery) | Punished in accordance with Articles 333 and 334 of the Criminal Act. |
| Criminal Act Article 336 (Hostage Robbery) | Imprisonment for a definite term of not less than 3 years |
| Criminal Act Article 337 (Robbery Causing Injury) | Life imprisonment or imprisonment for not less than 7 years |
| Criminal Act Article 338 (Robbery Causing Death) | In the case of killing, the death penalty or life imprisonment; in the case of causing death, life imprisonment or imprisonment for not less than 10 years |
| Criminal Act Article 343 (Preparation, Conspiracy) | Imprisonment for not more than 7 years |
Statute of Limitations for Prosecution
The statute of limitations for prosecution of robbery is 10 years.
Where there is an accomplice or an aider and abettor, the effect of suspending the statute of limitations for prosecution arises.
Points of Caution
In the case of robbery, only an actual custodial sentence is possible, without the option of a fine, and the special rules among relatives and the principle of a crime not punishable against the victim's will do not apply.
Sentencing Guidelines for Robbery
○ General Standards
▷ Simple assault and intimidation committed to evade arrest
▷ Mental and physical weakness and voluntary surrender
▷ The victim's wish not to punish, or substantial recovery of the harm (including deposit with an official depository)
▷ Where the intent was to seize money or goods of a minor amount
▷ An offense committed to make a living
▷ Passive participation
▷ Simple possession of a deadly weapon (Type 2)
○ Where bodily injury has occurred
▷ Where there are circumstances especially worthy of consideration regarding participation in the offense or the motive for the offense
▷ Where a result of injury occurred but the underlying offense remained an attempt
▷ Simple assault and intimidation committed to evade arrest
▷ Where the offender voluntarily surrendered
▷ The victim's wish not to punish or substantial recovery of the harm (including deposit with an official depository)
▷ Where the intent was to seize money or goods of a minor amount
▷ Minor assault and intimidation, passive participation, or simple possession of a deadly weapon
▷ An offense committed to make a living
▷ Mental and physical weakness and genuine remorse
○ Where a result of death has occurred
▷ Mental and physical weakness
▷ Voluntary surrender
▷ The victim's wish not to punish or substantial recovery of the harm (including deposit with an official depository)
▷ Rescue and transport after the offense
▷ Genuine remorse
3. Robbery | How a Suspect Should Respond.
If you come to be investigated as a suspect for robbery, the initial response is more important than anything else.
You should respond calmly, cooperate faithfully in the investigation process, and prepare the content of your statements carefully.
Early Stage of Investigation
When a robbery case occurs, investigative agencies begin the investigation through various channels, including the victim's report, CCTV analysis, and statements from nearby witnesses.
At this point, the suspect's initial statements have a significant effect on the overall course of the case and the direction of the investigation.
A single careless remark made before the police investigation may be mistaken for a confession, or, if it conflicts with objective evidence, may operate as an unfavorable circumstance.
▷ Prepare to be able to clearly explain the truth of what was said
▷ Set the direction and scope of statements with the assistance of an attorney from the early stage of the investigation
Detention Warrant and Trial Stage
Because robbery is classified as a serious crime, a detention warrant is often requested at the early stage of the investigation.
At this point, the suspect's side may contest the necessity of detention by demonstrating a fixed residence and occupation, or by submitting materials proving that there is no risk of flight or destruction of evidence.
In addition, even where the charge is admitted, this may operate as a favorable factor for the sentencing mentioned above in a criminal trial.
Example)
▷ Efforts to remedy the harm
▷ A letter of apology and a petition for leniency, among others
If You Believe the Judgment Is Unjust
When you contest a judgment, you may file a notice of appeal within the prescribed period and seek a trial at the higher court.
In the appellate court, the legal and factual determinations of the first-instance judgment are reviewed again, so it is important to submit new evidence or to emphasize issues that were not fully addressed at the first instance.
In addition, if there is a procedural defect in the judgment process or new facts are discovered, a request for retrial may also be considered.
4. Robbery | How a Victim Should Respond
For a victim of robbery, prompt reporting to 112 and securing evidence when the harm occurs are very important.
In addition, providing prompt and accurate statements to the investigative agency is very important.
Detailed statements about the perpetrator's identity, the circumstances at the time of the offense, and the items damaged or taken are used as key materials for the investigation.
Item | Specific Content and Strategy |
Preparation of Initial Statements | State in detail the date and time, place, means, and the perpetrator's appearance or characteristics |
Securing Materials to Prove Harm | Secure objective materials regarding material and psychological harm, such as a medical certificate of injury, psychiatric records, the purchase records of stolen items, and CCTV |
Preparation for Retaliatory Crime | Where there is a risk that the suspect may retaliate, consider requesting personal protection from the police and applying for provisional measures (such as a restraining order) |
Clearly Conveying the Intent to Punish | In the criminal proceedings, clearly convey the intent that 'strict punishment is desired' through a written statement or a victim's opinion statement, and submit a petition if needed |
Use of Crime Victim Support Systems | Use national systems such as applications for crime victim relief funds, psychological counseling support, and medical expense support |
Assessment of Whether to Settle | Where the suspect's side requests a settlement, decide whether to accept it by considering the scope of damages, the genuineness of the request, and similar factors (this may affect mitigation of the sentence) |
5. Robbery | Response Measures
A person who has committed robbery cannot avoid criminal punishment, so in order to reduce that punishment, the person should actively demonstrate an attitude of remorse and efforts to recover the harm from the early stages of the investigation.
Depending on the conduct, special charges may be added and grounds for sentencing consideration or aggravated punishment may be imposed, so it is necessary to understand precisely what legal evaluation one's conduct receives and to respond strategically accordingly.
If a person has suffered harm from robbery, promptly reporting the matter to the investigative agency and securing and submitting evidence that can prove the situation at the time can greatly help in the punishment of the perpetrator and in the protection of oneself.
Daeryun Law Firm has many criminal defense attorneys registered with the Korean Bar Association, so you may request a consultation at any time when you need help in connection with a robbery case.
The firm also operates its own Evidence Investigation Center to support prompt and systematic evidence collection and analysis, so if you are facing difficulty in responding, please request assistance through 🔗Criminal Defense Attorney Legal Consultation Booking.
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