Assistance from a Gunsan law office | A light fine despite committing theft during a suspension period

Through the consultation with the client conducted at the Gunsan law office, we were able to carefully examine the circumstances of the case.

The client was a crane operator who had gone unpaid by his employer for a long period of time.

He had gone to demand his wages several times, but to no avail.

In the end, the angered client entered the worksite and loaded construction materials onto his vehicle and took them away.

After confirming this through CCTV, the employer reported the client for nighttime structure intrusion and theft, among other charges.

Because the suspended sentence period for his previous offense had not yet ended, the client feared that he might receive an actual custodial sentence for this offense, and he therefore requested legal assistance from the Gunsan law office.

The client of the Gunsan law office was facing suspicion of intrusion into a structure.

First, the offense of intrusion into a structure is established when a person intrudes into a structure against the will of the manager of that structure.

Even if a person is a resident of the structure or is related to the manager and is therefore ordinarily permitted to enter, the offense is established if the entry was made against the manager's express or presumed will.

When the offense of intrusion into a structure is established, the offender is, under the Criminal Act, subject to imprisonment for not more than three years or a fine not exceeding 5 million won.

In addition to intrusion into a structure, the client of the Gunsan law office also faced suspicion of 🔗larceny.

The offense of larceny is established when a person steals property in the possession of another. Depending on the method used to commit the theft, it is classified as simple larceny, nighttime residential burglary, special (aggravated) theft, and the like, and may be subject to aggravated punishment.

When the offense of larceny is established, the offender is subject to imprisonment for not more than six years or a fine not exceeding 10 million won.

In the client's case, the client was facing suspicion of intruding into a structure at night and committing larceny.

In such a case, the offender is subject to imprisonment for not more than ten years.

The client is an employee working at the business premises in question.

Accordingly, the client argued that the client had simply entered the premises as usual and had not intruded without authorization.

The client acknowledges that the client's wrongful conduct constitutes a crime that must be punished.

However, all of these acts resulted from the victim's failure to pay wages, and they constituted a subsistence crime committed for the family's livelihood.

Asserting these points, the Gunsan attorney requested the greatest possible leniency for the client.

In this case, the client, who was angry at an employer who would not pay wages, stole construction materials from the worksite and faced punishment, and the client sought out a 🔗Gunsan attorney for assistance.

The client committed this offense while still within the suspension period of a suspended sentence for a prior offense of the same kind, so the client faced the possibility of an actual custodial sentence.

With the assistance of the Gunsan attorney, however, the client received a minor fine and was able to conclude the case without incident.

At Daeryun LLC, attorneys provide dedicated assistance to clients based on their professional expertise.

If you need legal assistance in a situation like the one above, please request a 🔗legal consultation at the Gunsan attorney's office.