To reach a settlement on the rapidly increasing 'modern-day Jean Valjean' petty theft crime

Crimes of small theft under 100,000 won have recently been on the rise again. After reaching a peak in 2009 during the global financial crisis, it steadily decreased and recorded 40,583 cases in 2018, but after COVID-19, it gradually rose and recorded 107,138 cases last year, exceeding 100,000 cases again for the first time in over 15 years.

Since small-scale thefts occur so frequently, you may think the crime is insignificant, but this is a mistake. Even if the amount of damage is small, small-scale theft is punished according to the same legal standards as general theft.

Theft is the act of illegally acquiring another person's property without the owner's consent. The key to establishing a crime is that it must target ‘property’ owned or occupied by another person. Therefore, real estate that cannot be physically moved, such as land or buildings, is not subject to theft.

In addition, the actor must have a clear intention to illegally acquire another person's property, that is, an ‘intent to illegally acquire’ the property. For example, even if you initially brought an item out of curiosity, if you later decide to use it for personal gain or dispose of it without any intention of returning it, this can also be considered theft.

The sentence varies depending on the specific method of crime. The most basic type, simple theft, is punishable by up to 6 years in prison or a fine of up to 10 million won. If you break into someone else's home at night and steal property, the crime of 'night-time home invasion theft' is applied and you are punished more severely with up to 10 years in prison.

In particular, in the case of repeat offenders, the punishment can be increased by up to one-half of the statutory penalty due to the serious nature of the crime. In addition, if a weapon is used or two or more people collude to commit the crime, the crime of special theft is established and can be punished by imprisonment for between 1 and 10 years.

So, how should you respond if you are accused of theft due to a moment of mistake? The key to determining the sentence is to logically prove to the investigative agency and the court that there is a ‘sincere effort to recover from the damage’ and ‘there is no risk of reoffending.’

The most decisive mitigating factor is by far ‘agreement with the victim.’ Since theft is not a crime of involuntary punishment, the agreement does not completely avoid punishment, but it has the greatest effect on lowering the sentence. Beyond simply reimbursing the value of the stolen items, it is common to attempt to reach a settlement with an amount that includes compensation for the victim's mental distress. If an agreement is reached, a non-punishment application form must be received and submitted stating that "the offender does not wish to be punished" to ensure a substantial reduction in sentence. However, since victims often refuse to communicate directly with the perpetrator, it is effective to politely convey the intention to reach an agreement through a lawyer.

In addition to reaching an agreement with the victim, it is also important to show deep regret for one's mistakes. It is a good idea to submit a statement of reflection that contains the background that led to the crime, the pain the victim suffered as a result, and a specific resolution on how to live in the future.

In addition, the objective circumstances that warrant leniency must be proven with ‘sentencing data.’ Petitions written by family members or acquaintances serve as good evidence to show that the defendant is a conscientious member of society. Additionally, if the crime was committed due to difficulties in making a living, you can appeal for leniency by submitting a debt certificate or documents related to unemployment, and if the cause was a psychiatric problem such as impulse control disorder, you can submit a relevant medical certificate and treatment history.

Lee Ki-jun, a lawyer at Daeryun Law Firm, said, "In the end, the reduction of the sentence for theft is centered around three axes: recovery from damage, serious reflection, and prevention of repeat offenses. Even small-scale theft is a serious crime that can result in a prison sentence if handled laxly. Therefore, receiving the assistance of a professional lawyer from the beginning of the case and responding systematically, from reaching an agreement with the victim to preparing sentencing materials, is a wise way to prevent a momentary mistake from becoming a big stain on one's life."

[Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr]

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