Special (Aggravated) Theft Case | Juvenile Special Theft Case, Decision of Protective Disposition Nos. 1 and 2

The client had been continuing school life without problematic behavior, but on the day of the incident he was swept along by a friend's suggestion and made an impulsive choice.

It was confirmed that, taking advantage of a situation in which the classroom was empty during a period with no class, he, together with friends, looked through other students' bags and took personal items such as cash and wireless earphones.

This conduct did not stop at a single occasion but was repeated several times, and it was ultimately detected by the school, leaving him facing juvenile trial procedures for special (aggravated) theft corresponding to a joint offense by two or more persons.

The client expressed deep anxiety, along with fear about the possibility of punishment, over the fact that this case could have a critical impact on his studies and future plans.

He therefore urgently sought out Daeryun and requested assistance.

The client had lived in a stable family environment and had no prior history whatsoever of delinquency or problematic behavior.

The client's parents clearly expressed their resolve to further strengthen their protective responsibility on the occasion of this case, voluntarily completed related education, and established a systematic plan for parenting and guidance.

In addition, the client agreed to receive regular education in connection with a professional counseling institution, and practical measures to prevent recidivism, such as mobile phone checks under the guardians' supervision, were also prepared.

The criminal law specialist attorney organized these circumstances and submitted materials such as the guardians' education completion records and the parenting plan, emphasizing that the client could be sufficiently rehabilitated within a stable protective environment.

The client maintained harmonious relationships with peers at school and had been regarded by teachers as a diligent student.

After the incident, the client admitted all of his wrongdoing from the investigation stage and is deeply reflecting on it, and he firmly resolved never to repeat delinquent conduct such as that involved in this case and wrote a letter of reflection.

Furthermore, the client conveyed his apology directly to the victimized students, and as a result, an amicable settlement was reached and the victims' side also expressed the position that they did not wish for punishment.

The criminal law specialist attorney submitted the letter of reflection and the statement of no wish for punishment, highlighting that the client recognized the unlawfulness of special (aggravated) theft and was actively taking action toward recovery.

The homeroom teacher and other school officials, as well as friends, also stated through letters of appeal that the client had merely made a temporary error in judgment and was usually a diligent and responsible student.

In addition, the client, as a high school student still in the process of growth, clearly expressed his will to reflect on his conduct on the occasion of this case and to lead a sound life going forward.

The criminal attorney appealed for leniency, emphasizing that the client had committed the offense merely due to a temporary error in judgment and was a juvenile with a low risk of recidivism.

Where a juvenile aged 14 or older but under 19 commits special (aggravated) theft, that juvenile is classified as a ‘criminal juvenile’ and becomes subject to a protective disposition or criminal punishment.

If a sentence is pronounced in a criminal trial, the juvenile receives the same criminal punishment as an adult and a criminal record is left.

Accordingly, in the case of a minor involved in a special (aggravated) theft case, the type and level of the protective disposition applied may vary greatly depending on the initial response.

Below are the types of protective dispositions provided for in the Juvenile Act.