CONTENTS
- 1. The Client Who Requested a Defense Against Theft Punishment
- 2. Defense Assistance to Defend Against Theft Punishment
- - Theft Defense Strategy 1. Arguing the Client Was Unaware the Act Constituted Theft
- - Theft Defense Strategy 2. Arguing That a Settlement Had Been Reached
- - Theft Defense Strategy 3. Arguing That the Prior Record Was From 20 Years Ago
- 3. Theft Defense Assistance Result, a Suspension of Indictment Obtained
1. The Client Who Requested a Defense Against Theft Punishment
This is a case of assisting a client who requested a defense against theft punishment.
The client had a prior record of theft punishment and was very afraid of receiving a heavy punishment.
To defend against theft punishment, the attorney examined the case closely and set about devising a defense strategy.
Reviewing the Circumstances of the Case to Defend Against Theft Punishment
The client who requested a defense against theft punishment had been reported on a charge of taking leftover materials from the company and was facing an investigation.
The client was very flustered, having not known that the conduct constituted 🔗larceny.
To defend against theft punishment, the attorney undertook the client's defense.
What Is the Level of Theft Punishment?
A person who steals another's property may be punished by imprisonment for not more than six years or by a fine not exceeding 10 million won.
In the case of special (aggravated) theft, the punishment is imprisonment for not less than one year and not more than ten years.
Special (aggravated) theft means breaking part of a door, wall, or other structure at night and intruding into another person's premises to steal property, or stealing while carrying a deadly weapon or with two or more persons acting jointly.
In the case of a habitual offender, the punishment may be increased by up to one half.
2. Defense Assistance to Defend Against Theft Punishment
To defend against theft punishment, the attorney who handled the defense focused the defense on the point that the client's theft had not been intentional.
Theft Defense Strategy 1. Arguing the Client Was Unaware the Act Constituted Theft
The attorney handling the defense argued that the client was unaware that the act constituted theft.
The materials the client was suspected of stealing were scrap metal pieces left over from welding work.
The attorney emphasized that the client had taken the leftover materials because it seemed wasteful to discard them, and that this was not an intentional theft.
Theft Defense Strategy 2. Arguing That a Settlement Had Been Reached
For the theft punishment defense, the attorney emphasized that the client had reached a settlement with the victim.
Although the client had not intended any wrongdoing, the client offered a sincere apology for taking the materials and paid a settlement amount to the company representative, who was the victim.
The victim also prepared a settlement agreement and a statement of no desire for punishment, indicating that the victim did not wish to see the client punished.
The attorney handling the theft punishment defense submitted these documents and requested leniency, arguing that the victim likewise did not wish to see the client punished.
Theft Defense Strategy 3. Arguing That the Prior Record Was From 20 Years Ago
The attorney handling the client's defense argued that the client's prior theft record was from 20 years ago.
The client had committed a similar wrong about 20 years earlier while struggling with financial hardship, but at the time the client showed deep remorse and has not committed any offense since.
The attorney emphasized that the client was not a habitual offender and that there was no risk of reoffending.
3. Theft Defense Assistance Result, a Suspension of Indictment Obtained
As a result of the assistance provided for the theft punishment defense, the client received a suspension of indictment and was able to bring the case to a close.
The client explained, “Because of my prior record, I was truly afraid that I would face a heavy penalty for theft. Thanks to the attorney, I was able to resolve the case quickly.”
Theft is subject to serious punishment, and in cases of special theft or nighttime residential burglary, an actual prison sentence may be imposed without the option of a fine, so consulting an attorney for a punishment defense can be helpful.
Because a settlement with the victim applies as an important sentencing factor in theft punishment, obtaining an 🔗attorney referral and proceeding with a settlement can be a good approach.
Daeryun Law Firm provides tailored defense strategies through a task force of 3 to 20 specialists to defend clients against punishment.
If you need to respond to theft punishment in a situation such as the one above, we invite you to reach out to Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
