Punishment for Theft | Charged with Theft but Concluded with a Suspension of Indictment

In general, it is rare for a person to be detained immediately in a theft case.

For a detention warrant to be requested, there must be a concern of flight, a possibility of destruction of evidence, or a seriousness such as habitual or special theft.

For example, where the amount of the theft is large or it has been repeated several times, or where it is judged that there is a high likelihood of reoffending due to numerous prior convictions, the possibility of detention increases.

Conversely, if the person is a first-time offender and their identity, such as address and workplace, is clear, the investigation is ordinarily conducted without detention.

Theft is a property crime, so recovery of the harm operates as a very important factor in sentencing.

If a settlement is reached, there arises a possibility that the prosecutor will issue a disposition of suspension of indictment, allowing the criminal record itself to be avoided, and even where an indictment is brought, there arises a possibility that the matter will conclude with a fine or a suspended sentence.

A settlement amount in a theft case takes into account not only the amount of harm (the price of the stolen item) but also the mental suffering experienced by the victim and the inconvenience arising from the incident (such as a stoppage of business).

For this reason, an amount far greater than the amount of harm is often demanded, but with the help of an attorney with extensive experience in handling settlements, there is a possibility of concluding the payment of a settlement amount at a reasonable level.

A letter of apology, a petition, and the like are in practice often taken into account as sentencing materials.

A letter of apology should not simply repeat that one did wrong, but should contain specific reflection and a plan to prevent reoffending.

In addition, a petition should preferably contain content regarding the client's efforts to prevent reoffending and the client's ordinary conduct in society.

However, since sincerity matters more than formality, it is advisable to submit such documents steadily at each stage of the investigation with sincere content.

With the help of an attorney, you may receive guidelines for a letter of apology and a petition.

Once a suspension of indictment becomes final, the same case will not be prosecuted again.

However, if a crime of the same kind occurs, the record of the suspension of indictment may operate unfavorably.

In simple terms, a suspension of indictment carries a strong meaning of leniency limited to this occasion, and if the person commits a crime of the same kind again, the prosecution, taking into account that the person reoffended despite having received a suspension of indictment, may no longer grant leniency, and the likelihood of an actual sentence or a heavy sentence increases.

Even mere petty theft can leave a criminal record that may significantly affect employment and social life, and an actual custodial sentence may even be imposed.

In addition, because an incorrect statement during the police or prosecution investigation may work to your disadvantage, an early response is important.

Therefore, if you are facing the risk of punishment for theft, a consultation with an attorney can be regarded as, in practical terms, an indispensable safeguard.

During the settlement process, the victim may demand an excessive amount, but when an attorney is involved, negotiation can be conducted within a reasonable range.

Moreover, an incorrect statement during the police or prosecution investigation may remain as an unfavorable circumstance and affect the sentence, and an attorney strategically conducts an advance simulation of the statement to create the possibility of a reduced sentence.

In particular, because a criminal record may significantly affect one’s life as a whole (employment, changing jobs, and the like), even in a case of simple theft, receiving an attorney’s assistance can be far more advantageous.

If you are facing the risk of punishment for theft, please proceed right away with a Daeryun LLC 🔗legal consultation reservation and prepare a response strategy.