Suncheon Criminal Attorney | A University Student's Payment Mistake on Clothing, Suspension of Sentencing for Theft

The client had the charge of theft applied to them.

The client is a university student who, at a clothing store, paid for only 2 of 3 garments and left the store having forgotten to pay for the remaining 1.

The client later contacted the store to make the payment, but the store regarded this as an act of theft and proceeded to file a criminal complaint.

Although it was a first offense, the client received a summary indictment with a fine of 500,000 won, and, concerned that this might significantly affect their future studies and employment, requested a formal trial.

The Suncheon criminal attorney explains that theft is a serious offense that may carry a heavy sentence, and that the assistance of an attorney can be helpful.

🔗Larceny / Theft?
Article 329 of the Criminal Act (Larceny): A person who steals another's property shall be punished by imprisonment for not more than 6 years or by a fine not exceeding 10 million won.

What is a suspension of sentencing?

A suspension of sentencing is a system under which, where the defendant is a first-time offender, shows a sincere attitude of remorse, and presents a low likelihood of reoffending, the court finds guilt but defers the sentence for a set period and suspends punishment.

If there is no reoffense for 2 years from the date the suspension of sentencing is granted, it carries the benefit of not remaining on the criminal record.

Through close consultation with the client, the attorney formed a criminal-law team made up of attorneys experienced in theft cases.

The team provided assistance so that an amicable settlement could be reached with the victim's side.

The team carried out compensation for the harm to the victim's side and also conveyed the victim's position that, having accepted the apology, they did not wish for punishment.

The team emphasized that the client is an ordinarily diligent university student and a first-time offender who had never been to a police station in their life, and argued for a disposition of suspension of sentencing.

• The client took the clothing from the store by mistake that day.

• After the incident, the client admitted their wrongdoing from the police investigation stage and submitted letters of apology on several occasions, showing genuine remorse.

• The client visited the victim, sincerely apologized, and compensated for the harm, and the victim accepted this and expressed the intention not to seek punishment.

Accepting the Suncheon criminal attorney's arguments, the court rendered a suspension of sentencing for the client.

The Suncheon criminal attorney argued for a suspension of sentencing on the grounds that the client was a first-time offender and was deeply remorseful, and the court accepted this.

The client's conduct in the above case arose from a momentary mistake, and there is a high likelihood that the client can be fully rehabilitated. This was a case in which appropriate leniency was requested on the basis that the victim did not wish for punishment, that the defendant was sincerely remorseful, and that the family promised to prevent any recurrence.

As this shows, for a first offense the outcome of criminal punishment may vary considerably depending on the circumstances, so receiving the assistance of legal counsel from the early stages of a case is of the utmost importance.