CONTENTS
- 1. A Client Facing Punishment for Larceny
- - How the Client Came to Be Charged With Larceny
- 2. What Is the Information Related to Punishment for Larceny?
- - What Is the Level of Punishment for Larceny?
- - What Is the Aggravated Punishment for Larceny?
- 3. Assistance to Defend Against Punishment for Larceny
- - Criminal Defense Attorney's Argument 1: Intent to Commit Theft
- - Criminal Defense Attorney's Argument 2: The Gain From the Theft
- - Criminal Defense Attorney's Argument 3: No Criminal Record
- 4. Result of the Larceny Punishment Assistance: “Non-Referral”
- - If You Are Implicated in a Larceny Charge
1. A Client Facing Punishment for Larceny
The client who faced punishment for larceny was charged with stealing company supplies, but through the assistance of an attorney with extensive experience handling larceny cases, was able to receive a non-referral decision from the police.
How the Client Came to Be Charged With Larceny
The client who faced punishment for larceny had recently left the company he had been working at and joined a new company, where he was settling in.
However, the former company reported that supplies had been stolen, and reported the client, who had been nearby at the time, for 🔗larceny.
The company also submitted as evidence CCTV footage showing that the client had been near the supplies cabinet.
However, the client maintained that he was being wrongly accused, asserting that he had not stolen any supplies from the company.
The client, who was at risk of being punished for larceny on suspicion of stealing company supplies, requested assistance from a criminal attorney.
2. What Is the Information Related to Punishment for Larceny?
As with the story of the client who came to be punished for larceny, if you take another person's property, it may lead to criminal punishment.
Such larceny may lead to various punishments depending on the circumstances, so caution is needed.
What Is the Level of Punishment for Larceny?
Larceny is subject to the following punishment under the Criminal Act.
| Larceny | Imprisonment for not more than 6 years or a fine of not more than 10 million won |
| Nighttime residential burglary | Imprisonment for not more than 10 years |
| Special theft | Imprisonment for not less than 1 year and not more than 10 years |
What Is the Aggravated Punishment for Larceny?
In addition, repeatedly committing theft as a habit results in heavier punishment.
| Where the offense is repeated as a habit | Aggravation by up to one-half of the prescribed sentence |
| Where the offense is repeated within 3 years after two or more actual custodial sentences | Imprisonment for not less than 3 years and up to 25 years |
3. Assistance to Defend Against Punishment for Larceny
To assist the client who faced the risk of punishment for theft, the criminal attorney established a strategy to defend against punishment based on the client's statement and the evidence.
The attorney also formed a task force with attorneys who had handled numerous theft cases and closely reviewed the client's case.
The criminal attorney made the following arguments and appealed for leniency for the client.
Criminal Defense Attorney's Argument 1: Intent to Commit Theft
It was true that the client went near the supply cabinet, but there was no evidence that the client stole anything.
Moreover, the CCTV footage submitted by the other party did not show any unnatural behavior on the client's part.
It was therefore emphasized that the client had no intent to commit theft.
Criminal Defense Attorney's Argument 2: The Gain From the Theft
The client could not use the item for personal purposes, so there was no reason to steal it.
In addition, it was in a low price range, so even if it had been stolen, it would not have been of benefit to the client.
Accordingly, it was emphasized that the client would gain no benefit from the theft and had no reason to steal.
Criminal Defense Attorney's Argument 3: No Criminal Record
The client had not been subject to any police investigation other than this case.
In addition, the client denied his offense from beginning to end.
It was emphasized that the client consistently denies his offense and has never been subject to any criminal punishment.
4. Result of the Larceny Punishment Assistance: “Non-Referral”
As a result of the criminal attorney's assistance to the client, who was at risk of punishment for larceny, the police issued a non-referral decision, stating that there was no criminal suspicion.
The client expressed deep gratitude, saying that, thanks to the criminal attorney's assistance, he was able to avoid punishment for larceny.
If You Are Implicated in a Larceny Charge
This was the story of a client who was nearly punished for larceny unjustly, but was able to receive a non-referral decision through the assistance of a criminal law attorney.
As with the client's story, even if you did not steal another person's property, if you come to be charged with larceny, it may lead to criminal punishment unless you prove your innocence.
Therefore, it is important to respond by establishing a strategy to defend against punishment through the assistance of an experienced attorney.
At Daeryun LLC, attorneys who have handled various criminal cases form a task force and assist the client by establishing a customized strategy suited to the client's case.
If you have been implicated in a larceny charge unjustly, please prepare a strategy to defend against larceny punishment through a 🔗legal consultation appointment.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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