[Yongsan Criminal Defense Attorney Assistance Case] Yongsan Criminal Defense Attorney Reduces the Disposition for a Juvenile Under Protective Proceedings in a Special (Aggravated) Theft Matter

The client in this matter was a juvenile under 14 years of age, below the age of criminal responsibility.

The client, together with a close friend, entered an apartment parking lot and planned to find an unlocked vehicle in order to steal cigarettes.

The client opened and entered the victim's vehicle and attempted to steal items inside, but did not find anything to take.

On the same day, the client found cash in the console box of another victim's unlocked vehicle in an outdoor parking lot and stole a total of 200,000 won.

As a result, the client faced juvenile proceedings for attempted special (aggravated) theft and special (aggravated) theft.

The client requested the assistance of the Yongsan criminal defense attorney at Daeryun Law Firm in order to obtain a lighter disposition.

Larceny / Theft

• Theft (Criminal Act, Article 329)

A person who steals another person's property shall be punished by imprisonment for up to 6 years or a fine of up to 10 million won.

• Nighttime Residential Burglary (Criminal Act, Article 330)

A person who steals another person's property by intruding at night into a person's dwelling, a managed structure, a vessel, an aircraft, or an occupied room shall be punished by imprisonment for up to 10 years.

• Special (Aggravated) Theft (Criminal Act, Article 331)

① A person who, at night, damages part of a door, wall, or other structure, intrudes into a place specified in Article 330, and steals another person's property shall be punished by imprisonment for at least 1 year but not more than 10 years.

② A person who steals another person's property while carrying a dangerous weapon, or jointly with two or more persons, shall also be punished by the penalty under paragraph 1.

Disposition for Juveniles Below the Age of Criminal Responsibility (Ages 10 to Under 14)

A juvenile falling under any of the following shall be tried as a protective case by the juvenile court:

1. A juvenile who has committed an offense;

2. A juvenile aged 10 or older but under 14 who has committed an act that violates penal statutes.

• Determination of a Protective Disposition

1. Entrustment to a guardian or to a person who can protect the juvenile in place of a guardian;

2. An order to attend a course;

3. A community service order (not available for juveniles below the age of criminal responsibility);

4. Short-term probation by a probation officer;

5. Long-term probation by a probation officer;

6. Entrustment to a child welfare facility or other juvenile protection facility under the Child Welfare Act;

7. Entrustment to a hospital, sanatorium, or a medical rehabilitation juvenile reformatory under the Act on the Treatment of Protected Juveniles, etc.;

8. Referral to a juvenile reformatory for up to 1 month;

9. Short-term referral to a juvenile reformatory;

10. Long-term referral to a juvenile reformatory.

The juvenile did not attempt to break into the vehicles as part of a deliberate plan to steal money.

While trying to obtain cigarettes, the juvenile impulsively went so far as to steal money, and the attorney argued that, in light of this, there was ample potential for the juvenile's rehabilitation.

The juvenile's act of theft was clearly wrong.

However, the attorney argued that the juvenile had come to commit the offense passively, at the friend's suggestion.

The juvenile acknowledges all of the acts of theft and is deeply repentant of the wrongdoing.

The juvenile also pledged never to repeat such conduct and prepared and submitted a letter of apology.

The attorney further appealed for leniency, arguing that the juvenile had never once been absent from school and had been a student who applied himself diligently to school life.

The case above involved a client, a juvenile under 14 years of age and below the age of criminal responsibility, who stole another person's property and faced juvenile proceedings on a charge of special (aggravated) theft.

Through the assistance of the Yongsan criminal defense attorney, the client received the lightest protective disposition for juveniles, items 1 and 2.

Because a juvenile who receives an item 8 disposition or higher among the protective dispositions may be referred to a juvenile reformatory for a long term, it can be helpful to obtain the assistance of an experienced attorney.

At Daeryun Law Firm, attorneys with extensive experience handling such cases prepare practical responses through systematic strategies.

If you are facing difficulties in a situation like the case above, please feel free to entrust your matter to the Yongsan criminal defense attorney at Daeryun Law Firm at any time.