Gunsan Law Firm Assists | Suspension of Indictment Obtained for a Theft Client

The client was charged on suspicion of theft.

The client had visited a department store with his spouse on the weekend.

While looking at clothes at the department store, the client tried some on, and because the slippers he was holding in his hand were in the way, he placed them in a shopping bag.

The client knew that the slippers were in the shopping bag, but, thinking he would not be caught, he left the store without paying for them.

Charged with theft as a result, the client requested the assistance of the Gunsan law firm in order to defend against punishment.

The Gunsan law firm explained the suspected offense of 🔗theft.

Theft is

the crime of stealing property in another person's possession.

Theft is divided into simple theft and special theft.

■ Article 329 (Theft)
A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding 10 million won.

■ Article 331 (Special Theft)
① A person who, at night, damages part of a door, wall, or other structure, intrudes into a place under Article 330, and steals another's property shall be punished by imprisonment for not less than one year and not more than ten years.
② A person who steals another's property while carrying a dangerous weapon or together with two or more persons shall also be punished under paragraph 1.

If theft is committed habitually, the punishment may be aggravated up to one half of the punishment prescribed for the offense.

▶ Requirements for the Establishment of Theft

For theft to be committed, the following requirements must be satisfied.

※ Objective elements
1. Property
2. The property belonging to another
3. The act of stealing

※ Subjective elements

Theft requires intent and an intent to unlawfully acquire.

The intent to unlawfully acquire means the intent to use and dispose of another's property as if it were one's own.

In addition, theft is not committed if there is no intent.

In other words, if there was no intention to steal the item, theft is not committed.

■ The Gunsan Law Firm's Identification of the Core of the Case

*Because circumstances may differ depending on the individual, for a detailed review, it is recommended to consult an attorney through a 🔗legal consultation.

On his way to the police investigation, the client showed remorse for all of his wrongdoing.

The Gunsan law firm accordingly argued that the client showed sincere remorse by writing a letter of apology.

The client has had no record since receiving a license suspension and a fine for drunk driving over ten years ago.

The Gunsan law firm emphasized that the client had ordinarily lived a diligent life.

The client went to the victim, apologized, and paid an amount greater than the value of the stolen items.

The Gunsan law firm accordingly argued that the victim forgave the client and that an amicable settlement had been reached.

The client was charged with theft, but, with the assistance of a Gunsan attorney, was able to receive a suspension of indictment.

In a country that regards private property as a core value, theft is not a minor offense.

At Daeryun, attorneys assist clients.

For clients involved in theft, the firm provides assistance such as advising on whether theft is established, handling settlements with victims, securing CCTV footage from the scene of the case, and providing sample letters of apology and reviewing their content.

If you are involved in theft, you are welcome to receive assistance from a 🔗Gunsan attorney at Daeryun.