CONTENTS
- 1. A Client Who Requested Consultation on Charges of Special (Aggravated) Theft
- - Circumstances of the Incident
- 2. Defense Strategy for the Special (Aggravated) Theft Case
- - Efforts for Guardian Supervision and Prevention of Recurrence
- - Sincere Reflection and Efforts to Recover the Loss
- - Emphasizing Petitions from the Surroundings and Potential for Growth
- 3. Result of the Special (Aggravated) Theft Case, “Protective Dispositions Nos. 1 and 2”
- 4. Level of Punishment for Special (Aggravated) Theft
- - If You Are a Minor
- - FAQ
- 5. If You Are Facing Trial for Special (Aggravated) Theft
1. A Client Who Requested Consultation on Charges of Special (Aggravated) Theft
The client in this case, who committed special (aggravated) theft, was a juvenile with the status of a high school student and was facing juvenile trial on charges of having stolen another person's property together with peers.
Concerned about the gravity of the matter and its impact on the client's future career path, the client sought out a specialized attorney who had handled numerous juvenile cases and requested a legal response.
Circumstances of the Incident
The client had been continuing school life without problematic behavior, but on the day of the incident he was swept along by a friend's suggestion and made an impulsive choice.
It was confirmed that, taking advantage of a situation in which the classroom was empty during a period with no class, he, together with friends, looked through other students' bags and took personal items such as cash and wireless earphones.
This conduct did not stop at a single occasion but was repeated several times, and it was ultimately detected by the school, leaving him facing juvenile trial procedures for special (aggravated) theft corresponding to a joint offense by two or more persons.
The client expressed deep anxiety, along with fear about the possibility of punishment, over the fact that this case could have a critical impact on his studies and future plans.
He therefore urgently sought out Daeryun and requested assistance.
2. Defense Strategy for the Special (Aggravated) Theft Case
Through the initial consultation, the criminal law specialist attorney set, as the core strategy, not the mere avoidance of punishment but the prevention of recidivism and the client's potential for growth.
In particular, the attorney appealed for leniency with a focus on the guardians' supervisory capacity, the client's attitude toward daily life, and the educational environment.
Efforts for Guardian Supervision and Prevention of Recurrence
The client had lived in a stable family environment and had no prior history whatsoever of delinquency or problematic behavior.
The client's parents clearly expressed their resolve to further strengthen their protective responsibility on the occasion of this case, voluntarily completed related education, and established a systematic plan for parenting and guidance.
In addition, the client agreed to receive regular education in connection with a professional counseling institution, and practical measures to prevent recidivism, such as mobile phone checks under the guardians' supervision, were also prepared.
The criminal law specialist attorney organized these circumstances and submitted materials such as the guardians' education completion records and the parenting plan, emphasizing that the client could be sufficiently rehabilitated within a stable protective environment.
Sincere Reflection and Efforts to Recover the Loss
The client maintained harmonious relationships with peers at school and had been regarded by teachers as a diligent student.
After the incident, the client admitted all of his wrongdoing from the investigation stage and is deeply reflecting on it, and he firmly resolved never to repeat delinquent conduct such as that involved in this case and wrote a letter of reflection.
Furthermore, the client conveyed his apology directly to the victimized students, and as a result, an amicable settlement was reached and the victims' side also expressed the position that they did not wish for punishment.
The criminal law specialist attorney submitted the letter of reflection and the statement of no wish for punishment, highlighting that the client recognized the unlawfulness of special (aggravated) theft and was actively taking action toward recovery.
Emphasizing Petitions from the Surroundings and Potential for Growth
The homeroom teacher and other school officials, as well as friends, also stated through letters of appeal that the client had merely made a temporary error in judgment and was usually a diligent and responsible student.
In addition, the client, as a high school student still in the process of growth, clearly expressed his will to reflect on his conduct on the occasion of this case and to lead a sound life going forward.
The criminal attorney appealed for leniency, emphasizing that the client had committed the offense merely due to a temporary error in judgment and was a juvenile with a low risk of recidivism.
3. Result of the Special (Aggravated) Theft Case, “Protective Dispositions Nos. 1 and 2”
Comprehensively considering the juvenile's environment, attitude of reflection, and risk of recidivism, the court, with respect to the client's charge of special (aggravated) theft, decided on the relatively light protective dispositions Nos. 1 and 2.
With this decision, the client was able to return to daily life and was once again given an opportunity to move in the right direction.
▶ Protective Disposition No. 2: Attendance order of up to 100 hours
4. Level of Punishment for Special (Aggravated) Theft
Special (aggravated) theft is provided for in Article 331 of the Criminal Act.
Special (aggravated) theft is established in the following cases.
▶ Elements of Establishment
2. Where one steals another person's property while carrying a dangerous weapon or where two or more persons act jointly
▶ Level of Punishment
Special (Aggravated) Theft (Article 331 of the Criminal Act) | Imprisonment for not less than 1 year and not more than 10 years |
If You Are a Minor
Where a juvenile aged 14 or older but under 19 commits special (aggravated) theft, that juvenile is classified as a ‘criminal juvenile’ and becomes subject to a protective disposition or criminal punishment.
If a sentence is pronounced in a criminal trial, the juvenile receives the same criminal punishment as an adult and a criminal record is left.
※ The Difference between a Criminal Juvenile and a Juvenile Below the Age of Criminal Responsibility
▶Criminal Juvenile:
A juvenile aged 14 or older but under 19 who has committed a crime
▶Juvenile Below the Age of Criminal Responsibility:
A juvenile aged 10 or older but under 14 who has committed an act in violation of penal laws and regulations
Accordingly, in the case of a minor involved in a special (aggravated) theft case, the type and level of the protective disposition applied may vary greatly depending on the initial response.
Below are the types of protective dispositions provided for in the Juvenile Act.
Category | Type of Protective Disposition | Period or Time Limit |
No. 1 | Entrustment to protective custody of a guardian or a person who can protect the juvenile in place of a guardian | 6 months (extendable by 6 months) |
No. 2 | Attendance order | Within 100 hours |
No. 3 | Community service order | Within 200 hours |
No. 4 | Short-term probation by a probation officer | 1 year |
No. 5 | Long-term probation by a probation officer | 2 years (extendable by 1 year) |
No. 6 | Entrustment to protective custody of a welfare facility under the ｢Child Welfare Act｣ or other juvenile protection facility | 6 months (extendable by 6 months) |
No. 7 | Entrustment to a hospital, sanatorium, or a juvenile medical protection facility under the ｢Act on the Treatment of Protected Juveniles, etc.｣
| 6 months (extendable by 6 months) |
No. 8 | Referral to a juvenile reformatory for up to 1 month | Within 1 month |
No. 9 | Short-term referral to a juvenile reformatory | Within 6 months |
No. 10 | Long-term referral to a juvenile reformatory | Within 2 years |
FAQ
A juvenile protection trial begins when the case is filed with the juvenile division of the court through referral by the police or prosecutor or through notification by a guardian or school principal.
The court first determines whether to commence the hearing after the case is filed, and where it deems necessary, it comprehensively reviews the juvenile's living environment, personality, and risk of recidivism through an examination by an investigator or a diagnosis by an expert.
After going through this investigation process, the hearing proceeds in a non-public manner, and the need to protect the juvenile and the overall circumstances of the case are deliberated.
The judge of the juvenile division, after comprehensively assessing the need to protect the juvenile and its degree through investigation and hearing, renders different decisions depending on the case.
Where it is determined that protection is not necessary, the case may be concluded without any disposition through a non-disposition decision, and where the content of the offense is grave and criminal punishment is deemed necessary, the case may be referred to the prosecutor and proceed to criminal procedure.
Meanwhile, where it is determined that correction and protection of the juvenile are necessary, a juvenile protective disposition decision is rendered, and in this case, depending on the matter, several types of protective dispositions may be imposed together.
5. If You Are Facing Trial for Special (Aggravated) Theft
Special (aggravated) theft may be assessed as a grave offense depending on the form of the offense and the number of participants, so careful response is needed from the investigation stage through to the trial.
In particular, in the case of a juvenile matter, beyond merely contesting the charge, the juvenile's environment, risk of recidivism, and need for protection are assessed together, so the result may vary greatly depending on the direction of the response.
This firm assists clients through a TF composed of specialized attorneys who have handled numerous juvenile cases and have accumulated extensive expertise.
After closely reviewing the circumstances of the case, the firm establishes a tailored response strategy suited to the situation from the investigation stage through to the trial stage and provides comprehensive assistance.
If you are facing a juvenile protection trial or a criminal trial for special (aggravated) theft, at any time please 🔗reserve a legal consultation to prepare a response strategy.
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