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Q

Criminal case attorney, do minors also receive the same sentence as adults?

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Criminal case attorney, I heard that my nephew committed theft, so my older sister called me in tears, and the matter turns out to be more serious than I thought. He is a high school student and still a minor, so will he receive the same sentence as an adult? Or is the punishment somewhat lighter than for an adult?

Criminal case attorney

A

Answer to Related Inquiry

Hello. This is a criminal case attorney at Daeryun Law LLC.

Being a minor does not necessarily mean that punishment is lighter, and the applicable law and the manner of disposition differ according to age.

In criminal cases, age is a key criterion for judging the capacity for responsibility and the level of punishment.

First, in the case of a person aged 18 or older but under 19, they are legally regarded as comparable to an adult, and the Criminal Act applies as is.

Therefore, if theft is established, the person may, like an adult, be subject to imprisonment for not more than 6 years or a fine of not more than 10 million won under Article 329 of the Criminal Act.

If the person is aged 14 or older but 17 or younger, this too is an age at which criminal responsibility is recognized under the Criminal Act.

In principle, imprisonment, imprisonment without labor, or a fine may be imposed just as for an adult, and depending on the case, protective dispositions such as a community service order may also be imposed.

However, even for a crime that would warrant the death penalty or life imprisonment if the person were an adult, a minor cannot be sentenced to the death penalty or life imprisonment, and it is limited to imprisonment for a definite term of up to 15 years.

For a minor involved in a criminal case, the outcome can vary greatly depending on the initial response, so it is important to accurately review the circumstances of the case and the applicable statutes through a consultation with a criminal case attorney.

For the specific possibility of punishment and the direction of response, you may wish to confirm them through a consultation with a criminal case attorney.

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