Special Theft Defense Case | A Suspended Sentence for a Client Charged With Vehicle Theft and Driving Without a License

Daeryun conducted a careful consultation with the client charged with special (aggravated) theft and examined the circumstances.

The client, together with friends, discovered that the door of one vehicle at a used-car dealership was unlocked.

Then, conspiring with the friends, he got into the vehicle, removed the traffic cone placed behind it, started the engine using the smart key inside the vehicle, and drove off.

Because the theft was committed together with friends, the charge of special (aggravated) theft was applied.

Moreover, because the client drove approximately 20 km despite driving without a license, he was also charged with violation of the Road Traffic Act.

The charges against the client involved very serious offenses, so it appeared difficult to avoid punishment.

Daeryun Law explained the crime of special (aggravated) theft to the client.

Article 331 of the Criminal Act (Special Theft)
(1) A person who, at night, damages a door, a wall, or any other part of a structure and intrudes into a place referred to in Article 330 to steal another person's property shall be subject to imprisonment for not less than one year but not more than ten years.
(2) The same penalty as in paragraph (1) shall apply to a person who steals another person's property while carrying a deadly weapon or while acting in concert with two or more persons.

Unlike simple theft, special theft has the characteristic that no fine is available. In cases of simple theft, where the court considers factors such as a first offense, a minor amount of loss, whether the loss or the goods have been compensated, a settlement with the victim, and sincere remorse, a no prosecution disposition by way of suspension of indictment is rendered in most cases for first-time offenders, and where the offender is not a first-time offender, the matter often ends with a modest fine following a summary indictment by the prosecutor.

In the case of special (aggravated) theft, one must be mindful that, unless a suspension of indictment is granted, the offense results in either a suspended sentence or an actual (custodial) sentence.

In addition, because special (aggravated) theft does not constitute a crime not punishable against the victim's will, punishment remains possible even if a settlement is reached with the victim.

The client sincerely regrets having conspired with friends to steal another person's property and having driven without a driver's license. He is writing letters of reflection with a daily resolve never to commit such an offense again.

The reason the client came to commit this offense was that, having no way to get home from a distant place, he followed his friends to the used-car dealership. It was argued that the client expressed his refusal several times but, after persistent persuasion by his friends, reluctantly took part in the offense.

The client made his best efforts and, alone among the accomplices, reached a settlement with the victim on his own. It was argued that he delivered a deposit to remedy the victim's loss, and that the victim, taking the client's sincerity into account, expressed an intention not to seek punishment.