Larceny Defense Case | Non-Prosecution for a Client Suspected of Larceny

While shopping as usual at the store involved in this case, the client placed an item in his bag and then, by mistake, failed to pay for it.

However, the client came to realize that the cashier had not noticed this, and he formed a wrongful intention.

The next day, while committing theft again at the store involved in this case, the client was caught in the act by an employee, paid for the goods he had placed in his bag, and apologized.

Afterward, ahead of a police investigation prompted by the report, the client requested the assistance of an attorney who has handled numerous larceny cases.

Larceny is punished as follows under Article 329 of the Criminal Act (Penal Code).

Because larceny is not a crime not punishable against the victim's will, public prosecution is possible even if the victim does not wish to see the offender punished.

However, whether a settlement with the victim has been reached may have a positive effect on sentencing or on a non-prosecution determination in the course of handling a criminal case.

Accordingly, the attorney established the following strategy so that the client could reach an amicable settlement with the victim.

Whatever circumstances he may have been in, the client recognized that his conduct constituted a crime and was deeply remorseful and self-reflective.

Accordingly, so that the client would not stop at expressing remorse merely in words, the attorney guided him to personally write a letter of apology several times.

In the writing process, the attorney emphasized that the client describe the following matters in concrete terms so that superficial content would not be repeated.

The damage suffered by the victim as a result of this theft was approximately 300,000 won, an amount that was relatively minor.

Accordingly, the attorney guided the client to compensate the victim in full and to convey a sincere apology, and the client faithfully carried this out and made efforts toward recovery of the damage.

The client, as the head of a household, was responsible for his spouse and young children.

Accordingly, the client's spouse prepared a written plea for leniency, pledging that the entire family would pay attention together so that the same thing would never happen again.

The attorney submitted this written plea and emphasized that the client was making efforts to prevent recidivism on the basis of his family's trust and support.

As a result, the victim also clearly expressed the intention that he did not wish to see the client punished, and the attorney submitted this fact of settlement and emphasized that the client had resolved the matter with a responsible attitude.

As in the case above, if you become involved in larceny, the nature of the offense means that the initial response can determine the direction of the case, so it is very important to respond promptly and strategically from the early stages of the case.

Daeryun Law Firm has attorneys with extensive experience handling numerous criminal cases, and prepares tailored response strategies suited to the characteristics and circumstances of each case.

If you are facing punishment in a situation such as the one above, please request assistance without delay through 🔗Legal Consultation Reservation.