A Theft Attorney's Assistance | Civil Service Exam Candidate Defends Against Disadvantages Through Suspension of Indictment for Theft

As the burden of academy fees and living expenses grew while preparing for the civil service examination, the client continued to earn income by working short-term at a logistics center.

However, amid worsening exam-related stress and anxiety symptoms, the client felt a momentary impulse upon seeing low-priced clothing or wearable items placed on the shelves during work.

The client removed the price tags, wore the items, and then placed them in a locker during break time to take them away, and even after returning home, the client kept the items in the closet without using or disposing of them.

This was because the client's anxiety and feelings of guilt had grown to the point that the client could not understand the conduct.

A short time later, when the logistics center's security team contacted the client to say that there was an irregularity with the items on the assigned line and that they were reviewing CCTV footage, the client fell into extreme fear, and sent text messages to the company expressing an intent to make restitution and to resign, pleading only that the matter not be reported to the police.

However, the company requested an in-person visit, and the client, judging that the matter could not be resolved alone, came to our firm and requested help from a theft attorney.

After hearing all of the circumstances of the case, the theft attorney explained that, even for a minor act of taking, hiding the facts or waiting could instead work to the client's disadvantage.

In particular, the attorney explained in detail that, when future appointment to a civil service position is taken into account, the direction of the initial response is very important.

Accordingly, the attorney advised the client that voluntarily turning oneself in at once and disclosing the facts honestly was the only way to obtain the best possible result, and the client, following the attorney's advice, prepared a written statement of voluntary surrender and then appeared at the police station of their own accord, submitting a full account specifying the dates, frequency, and details of the items involved in the offense.

Taking into account that the client had been in an extremely anxious state after receiving contact from the security team, the attorney explained that there were limits to disputing the requirements for voluntary surrender on the basis that the client had merely gone in after being contacted.

Accordingly, in order to satisfy the key requirement for voluntary surrender, namely whether the offender voluntarily reported the criminal facts before the offense was discovered, the attorney prepared a written statement of voluntary surrender that specified all of the following in concrete terms.

Contents Stated in the Written Voluntary Surrender

Following the attorney's advice, the client appeared at the police station in person, submitted the same materials, and completed a genuine voluntary surrender by voluntarily disclosing the offense in full.

This process was a measure strategically designed so that it could later serve as the most important mitigating factor in the prosecution's decision on a suspension of indictment.

The client had been experiencing symptoms of depression, anxiety, and panic resulting from a long period of exam preparation, and in fact had records of having been diagnosed at a psychiatric clinic with major depressive disorder and panic disorder.

In order to prove that this was not simply emotional difficulty but rather a medical cause that could have led to the impulsive act of taking, the attorney compiled and submitted the following.

Key Materials Submitted

In particular, by presenting a structured analysis showing that the client's judgment could be temporarily impaired when the intensity of the stress at the time, the psychological pressure, and the anxiety symptoms were combined, the attorney proved that the client's conduct was not an intentional, profit-motivated offense but rather a temporary impulse arising from an abnormal psychological state.

The affected company took the position that, given the nature of a large logistics enterprise, it did not accept individual settlement payments, but the attorney designed the following alternative.

Thereafter, the company expressed its intent that it did not wish to see the offender punished.

This was a decisive measure that enabled the prosecution to reflect the repair of the harm and the victim's intent as factors in mitigation.

The client had been preparing for a court administrative civil service position for a long time.

Accordingly, the attorney logically organized, based on materials and regulations, the practical reality that appointment itself becomes effectively impossible if a fine or heavier penalty is imposed.

In addition, through the following substantive materials, the attorney actively demonstrated the absence of any risk of reoffending and the client's diligence.

Key Supporting Materials

All of these materials established a structured basis for the determination that this was a first offense, that the client showed remorse, that the harm had been repaired, and that the likelihood of reoffending was low, and served to complete the objective conditions for a suspension of indictment.

Theft refers to the crime of stealing another person's property, and it is established where there was an intent to appropriate another person's property (intent of unlawful acquisition).

Severity of Punishment

In the case of theft, a habitual offender may receive an aggravated sentence, and an attempted theft is also subject to punishment.

In such a case, if the offender voluntarily surrenders, the likelihood that the investigative agency will take this into account in mitigation and reduce or exempt the sentence increases.

Article 52 of the Criminal Act (Voluntary Surrender and Confession)

Daeryun Law Firm has not only criminal law specialist attorneys registered with the Korean Bar Association but also many attorneys who have handled a wide range of criminal cases.

A dedicated case attorney suited to the type of case is assigned, designs a structured strategy that takes into account voluntary surrender, the repair of the harm, and the impact of additional disadvantages, and assembles meticulous supporting materials.

The firm provides multifaceted assistance, from accompanying the client in person to the police investigation to constructing arguments for mitigation using medical and psychological materials.

If you are in a similar situation and are considering voluntary surrender, please feel free to entrust your case through our 🔗legal consultation booking at any time.