Gwangju Criminal Attorney Assistance | Client Suspected of Theft Defends Against Referral, Securing a 'Non-Referral' Decision With the Assistance of a Gwangju Criminal Attorney

2024.08.20박동일

Gwangju criminal attorney: the client who came to the firm was implicated in a theft allegation and, wishing to obtain the assistance of an attorney specializing in this field, requested a consultation with a criminal attorney at the Gwangju office.

1. The Client Who Came to the Gwangju Criminal Attorney

Gwangju criminal attorney - non-referral — If you click the image above, you can view information about the crime of larceny.

Gwangju criminal attorney: the client who came to the firm was unjustly implicated in the crime of larceny and, wishing to resolve the case together with an attorney specializing in this field, held a consultation with a criminal attorney at the Gwangju office.

The Circumstances in Which the Client Came to the Gwangju Criminal Attorney

The client in this case learned that the complainant, her boyfriend, had had an affair with another woman, and so she notified him that the relationship was over.

The client, who had been living with the complainant, took a clothing care system, an air purifier, a sofa, and other items that the complainant had bought to her new home after the breakup.

Believing that the client's conduct was not justified, the complainant reported the client to the investigative authorities on suspicion of theft, and as a result the client was asked to appear at the police station.

The client, maintaining that she had merely brought along items she had received as gifts from the complainant when she moved, felt that it was unjust to be implicated in a theft allegation, and requested help from the Gwangju criminal attorney.

2. Statutes Related to the Case Explained by the Gwangju Criminal Attorney

Larceny (General Larceny, Nighttime Residential Burglary, Special Larceny)

Criminal Act Article 329 (Larceny)

A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding ten million won.

Criminal Act Article 330 (Nighttime Residential Burglary)

A person who, at night, intrudes upon another's residence, a managed structure, a vessel, an aircraft, or an occupied room and steals another's property shall be punished by imprisonment for not more than ten years.

Criminal Act Article 331 (Special Larceny)

① A person who, at night, damages a door, a wall, or any other part of a structure and intrudes into a place specified in Article 330 and steals another's property shall be punished by imprisonment for not less than one year and not more than ten years.

② A person who carries a dangerous weapon or who, jointly with two or more persons, steals another's property shall also be punished as provided in paragraph (1).

3. The Assistance Provided by the Gwangju Criminal Attorney

The Gwangju criminal attorney conducted digital forensics on the mobile phone and gathered materials relevant to the client's case.

Based on this, a careful strategy was established, and the following points were argued.

■ The point that larceny is a crime that is established by stealing another's property, and that, since the object of larceny is another person's property, property owned by oneself cannot be the object of larceny

■ The point that, even if property owned by the complainant was mixed in among the items removed during the client's move, the client had only a contractual obligation to return the items and had no intent to commit larceny

■ The point that, because it is clear that the client has exercised de facto control over and possessed these items up to the present, these items are property owned by the client

4. The Police's Determination on the Gwangju Criminal Attorney's Arguments

Accepting the Gwangju criminal attorney's arguments, the police rendered a 'non-referral' decision in the client's case.

If You Need the Help of the Gwangju Criminal Attorney

In criminal cases, the initial response is very important. In order to secure the critical early window in a criminal case, the assistance of a criminal attorney specializing in this field can be essential.

Daeryun Law Firm forms a team of criminal attorneys specializing in this field, ranging from three to twenty members according to the scale of the case, and presents reasonable and appropriate 🔗criminal case strategies.

The firm also operates a system that provides consultation and prompt response throughout the year, so if you need the assistance of an attorney specializing in this field, you are welcome to consult with the Gwangju criminal attorney at any time.

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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