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Deals & Cases

Special (Aggravated) Theft

Jinju Criminal Case Attorney Assistance | A Client Charged With Theft Receives a Suspended Sentence With the Jinju Criminal Case Attorney's Assistance

The client, who faced trial on a charge of special theft, came to the Jinju office's criminal case attorney to avoid a custodial sentence.

CONTENTS
  • 1. How the Client Came to Seek the Jinju Criminal Case Attorney
    • - The Client Who Requested the Jinju Criminal Case Attorney's Assistance
    • - The Statutes Relevant to the Case, Explained by the Jinju Criminal Case Attorney
  • 2. The Jinju Criminal Case Attorney's Assistance
    • - The Jinju Criminal Case Attorney's First Argument | Efforts to Remedy the Harm
    • - The Jinju Criminal Case Attorney's Second Argument | The Client's Remorse
    • - The Jinju Criminal Case Attorney's Third Argument | The Client's Spouse
  • 3. The Result of the Jinju Criminal Case Attorney's Assistance: A “Suspended Sentence”

1. How the Client Came to Seek the Jinju Criminal Case Attorney

The client, who was charged with theft together with an acquaintance and faced trial, came to the Jinju office's criminal case attorney to reduce the punishment.

The Client Who Requested the Jinju Criminal Case Attorney's Assistance

This is the account of the client who requested the Jinju criminal case attorney's assistance.

On the day of the incident, the client was taking a walk with an acquaintance.

During the walk, they found scrap items such as a discarded outdoor air-conditioning unit, and the client explained that he thought he could make money by selling these items to a scrap dealer.

In this way, the client and the acquaintance picked up the outdoor unit, sold it, and divided the proceeds.

However, the items had not been discarded, and the owner of the items filed a criminal complaint against the client for theft.

The client then came to the Jinju criminal case attorney and requested assistance in order to defend against the punishment.

The Statutes Relevant to the Case, Explained by the Jinju Criminal Case Attorney

The client was charged with special theft.

Special theft is an offense committed when a person carries a deadly weapon, or when two or more persons act jointly, to steal another person's property.

This is provided in Article 311 of the Criminal Act, and the level of punishment is as follows.

▶ Criminal Act, Article 331 (Special Theft)

① A person who, at night, damages part of a door, wall, or other structure and intrudes into a place referred to in Article 330 to steal another person's property shall be punished by imprisonment for not less than one year and not more than 10 years.
② The same punishment under paragraph (1) shall apply to a person who carries a deadly weapon or, together with two or more persons, steals another person's property.

The level of punishment for 🔗theft and nighttime residential burglary, which are not special theft, is as follows.

▶ Criminal Act, Article 329 (Theft)

A person who steals another person's property shall be punished by imprisonment for not more than six years or by a fine of not more than 10 million won.

▶ Criminal Act, Article 330 (Nighttime Residential Burglary)
A person who, at night, intrudes into another person's residence, a managed structure, a ship, an aircraft, or an occupied room to steal another person's property shall be punished by imprisonment for not more than 10 years.

2. The Jinju Criminal Case Attorney's Assistance

After holding a consultation with the client, the Jinju criminal case attorney worked together with an attorney who has extensive experience and know-how in criminal cases.

After gathering grounds for sentencing, they made the following arguments with the aim of obtaining a suspended sentence.

The Jinju Criminal Case Attorney's First Argument | Efforts to Remedy the Harm

The client compensated the victim for the full amount of the loss and made efforts toward a settlement.

In response, the attorney emphasized that the victim had expressed an intention not to seek the client's punishment and was hoping for leniency for the client.

The Jinju Criminal Case Attorney's Second Argument | The Client's Remorse

The client is sincerely remorseful that his poor judgment caused economic harm to the victim.

The attorney emphasized that the client feels ashamed and sorry toward the victim and his family and is showing deep remorse, and that before this incident he had lived honestly and diligently.

The Jinju Criminal Case Attorney's Third Argument | The Client's Spouse

As the head of a household, the client had cared alone for a spouse suffering from a chronic illness.

The attorney emphasized that the spouse is currently receiving inpatient treatment and is able to move about only slightly, so that the client's care is urgently needed.

3. The Result of the Jinju Criminal Case Attorney's Assistance: A “Suspended Sentence”

The court, accepting the Jinju criminal case attorney's arguments, ruled, “The defendant shall be sentenced to six months' imprisonment for each count. However, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final.”

If You Are Involved in a Criminal Case

The case above was an instance in which a client charged with special theft concluded the case with a suspended sentence through the Jinju criminal case attorney's assistance.

If you are likewise involved in a criminal case and facing trial, receiving an attorney's assistance and conducting the trial strategically is recommended.

🔗Theft Criminal Case Examples. Daeryun, which has accumulated many such cases, has 🔗criminal attorneys with an average of more than 10 years of experience who take on cases and devote their best efforts to reaching a satisfactory result with a suitable strategy.

If you need legal help in a situation like the case above, you may entrust your case to the Jinju criminal case attorney at Daeryun Law Firm at any time.

진주형사사건변호사

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.

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