CONTENTS
- 1. Larceny | Meaning
- - Requirements for Establishment
- 2. Larceny | Types
- - Nighttime Residential Burglary
- - Special (Aggravated) Theft
- - Habitual Theft
- 3. Larceny | Level of Punishment
- - Sentencing Guidelines
- - Cases of Punishment for Theft
- 4. Larceny | If You Are a Suspect?
- - Securing and Analyzing Evidence
- - Preparing an Approach to Settlement with the Victim
- - Preparing the Defense
- - Additional Matters to Consider
- 5. Theft | What if You Are the Victim?
- - Matters to Prepare
- 6. Theft | If It Is Difficult to Respond Alone?
1. Larceny | Meaning
Larceny is a crime that is established when a person steals another person's property.
Many people often regard larceny lightly, but if a proper defense argument cannot be made, even a first-time offender may receive an actual custodial sentence.
Requirements for Establishment
For larceny to be established, three requirements must be met: theft of another person's property, intent, and the intent of unlawful acquisition.
It refers to the intent to unlawfully use or dispose of another person's property as if it were one's own.
In other words, it means the intent to use another person's object as one's own.
2. Larceny | Types
Larceny is classified into a total of 4 types: larceny, nighttime residential burglary, special (aggravated) theft, and habitual theft.
Nighttime Residential Burglary
This is a crime that is established when a person intrudes at night into another person's dwelling, a guarded mansion, structure, vessel, or an occupied room and steals property.
Here, a "dwelling" means a place for living and sleeping, regardless of whether a person is actually residing there, and it includes a mansion or villa in which a person is absent.
"Guarding" means the state of directly keeping watch over property, and it does not necessarily mean being together inside the building.
Special (Aggravated) Theft
If an act of theft falls under any one of the following, it is punished as ‘special (aggravated) theft.’
▷ Where the offender carries a dangerous object such as a weapon
▷ Where two or more persons commit the offense together
Habitual Theft
Where a person repeatedly commits acts of theft, it is punished as ‘habitual theft.’
A determination of habitual offending does not rest solely on the existence of prior convictions. If circumstances showing that the person had repeated similar offenses in the past come to light during the investigation following apprehension, the person may be judged a habitual offender.
3. Larceny | Level of Punishment
There is a tendency to regard larceny lightly, but larceny is by no means a minor offense and constitutes a serious crime.
If larceny is established, the level of punishment is as follows.
Level of Punishment for Larceny
| Article 329 of the Criminal Act | Imprisonment for not more than 6 years or a fine not exceeding 10 million won |
Level of Punishment for Nighttime Residential Burglary
| Article 330 of the Criminal Act | Imprisonment for not more than 10 years |
Level of Punishment for Special (Aggravated) Theft
| Article 331 of the Criminal Act | Imprisonment for at least 1 year and not more than 10 years |
Level of Punishment for Habitual Offenders
| Article 332 of the Criminal Act | A person who commits larceny, or who commits theft after damaging at night a door, wall, or other part of a structure, shall have the punishment prescribed for that crime increased by up to one-half. |
Sentencing Guidelines
Theft of general property
▷ A subsistence-driven offense
▷ A subsistence-driven offense
▷ Where the offender entered a place other than an indoor residential space (intrusion theft)
▷ Diminished mental capacity
▷ Voluntary surrender
▷ No wish for punishment or recovery of the damage
▷ Passive participation
▷ Sincere reflection
▷ No prior criminal punishment
Cases of Punishment for Theft
Jeonju District Court, Judgment of November 1, 2023, 2023 Godan 1301
In addition, in cases such as where the defendant took advantage of another vehicle's door being unlocked, entered it, searched for items to steal, but failed to achieve the aim because no valuables were found, circumstances were also confirmed in which the defendant attempted to steal another person's property on a total of four occasions but the attempt ended in failure, and the charge of attempted theft was applied together.
The court accordingly imposed a suspended sentence on the defendant.
Gwangju District Court, Judgment of September 9, 2021, 2021 Godan 2773
Because it was recognized that, using this method, the defendant had intruded into the victims' residences during nighttime hours on a total of two occasions and stolen property, nighttime residential burglary was applied.
The court accordingly imposed an actual sentence of 10 months' imprisonment on the defendant.
4. Larceny | If You Are a Suspect?
If you are facing an investigation for larceny, an aggravated punishment may apply depending on the type, so an attitude of careful response is important.
Securing and Analyzing Evidence
There may be a need to promptly secure and analyze CCTV footage from the location where the incident occurred, related witness statements, and materials that can confirm the person's movements or whereabouts.
Such evidence can be used to clear the charge or to prove that there was no intent.
If there are materials that can prove the person did not steal the item, or that can explain that possession resulted from a mistake, they should be organized without fail.
Preparing an Approach to Settlement with the Victim
Theft is not a crime not punishable against the victim's will, but a settlement with the victim can have a positive effect on sentencing.
At this stage, an appropriate level of settlement money may be set based on factors such as whether the damaged items are returned and the scale of the loss incurred, and a written settlement agreement may be prepared according to the victim's intent.
What is a crime not punishable against the victim's will? It refers to a crime for which prosecution or punishment is not possible if the victim expresses the wish not to have the offender punished.
Preparing the Defense
It is necessary to systematically organize situational explanations or supporting circumstantial materials that can prove there was no intent.
For example, the person should be able to consistently explain matters such as a record of item usage that can support the claim that it was taken by mistake, and the circumstances in which the misunderstanding arose, and care should be taken to ensure there are no parts that conflict with the content of the initial statement.
Additional Matters to Consider
If there is no identical prior record, the point that the person is a first-time offender can be emphasized, and a reflective attitude after the incident is also considered significant.
If there is a record of conveying an apology to the victim, or lifestyle changes made to prevent recurrence, it is advisable to organize them.
5. Theft | What if You Are the Victim?
If you are about to face an investigation for theft, aggravated punishment may apply depending on the type, so it is important to respond carefully.
Matters to Prepare
① Securing evidence
Materials that can prove the act of theft, such as CCTV footage, photographs, and witness statements, should be secured promptly.
② Reporting to the police promptly
You should report the damage promptly by calling 112 or visiting the nearest police station.
③ Organizing a list of the damage
You should objectively organize the type, quantity, and value of the stolen items and actively cooperate with the investigation.
④ Controlling emotions and responding based on facts
Arbitrarily assuming who the offender is or attempting self-help remedies can be legally risky, so caution is warranted.
⑤ Proceeding with the complaint procedure
Theft is not a crime requiring a complaint to prosecute, so an investigation is possible even without a complaint. However, a criminal complaint may be necessary to actively promote the investigation and recover the damage.
It is advisable to carefully organize the circumstances of the incident and then consult a criminal defense attorney to proceed with the complaint procedure.
What is a crime requiring a complaint to prosecute? It refers to a crime for which a public prosecution can be instituted only if there is a complaint by the victim or a legal representative.
6. Theft | If It Is Difficult to Respond Alone?
This firm responds by forming case-by-case task forces centered on criminal law specialist attorneys who have handled numerous criminal cases.
It provides comprehensive legal services across the entire process, from initial case assessment to the establishment of strategies by type and post-case management after the case concludes.
If you are in a situation that requires an investigation or response in a theft case, please check the response strategy suited to your current situation through 🔗criminal law specialist attorney legal consultation booking.
