Crimes of Larceny

Home > Sentencing Guidelines > Crimes of Larceny
Promulgated on March 21, 2011, Effective on July 1, 2011


  1. 1. LARCENY OF GENERAL PROPERTY
절도 양형기준
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Larceny of Unattended
Property
~ 6months 4months
~ 8months
6months ~ 1yr
2 General Larceny 4months
~ 10months
6months
~ 1yr 6months
10months ~ 2yrs년
3 Larceny Against Personal
Belongings
6months ~ 1yr 8months ~ 2yrs 1yr ~ 3yrs
3 Larceny Accompanied by
Intrusion
8months
~ 1yr 6months
1yr ~ 2yrs 6months 1yr 6months ~ 4yrs
절도 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Poverty Crimes
  • Intrusion Upon Places Other Than
    Indoors of a Dwelling (Type 4)
  • Carrying of a Deadly Weapon,
    Intrusion Upon Habitation, Building, or
    Other Similar Structures by
    Destroying Security Devices (Type 4)
  • Offense Committed with an
    Organized Scheme
  • Serious Personal or Social Harm
    Caused and Harm Not Reversed
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
  • Repeated Offenses of Same
    Offense under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    Punishment Act
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Two or More Co-offenders Involved
  • Cases falling within Act on Forest
    Culture and Recreation, Article 35,
    Paragraph 2, and Forest Protection
    Act, Article 54, Paragraph 1
Actor/etc.
  • Substantial Portion of Damages
    Reversed
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Repeated Offenses of Different
    Type under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    Punishment Act, Criminal History by
    the Same Type of Offenses that
    Does not Constitute Repeated
    Offense under the Criminal Act
    (This Applies When the Criminal
    History is Within Ten Years After
    Completion of Sentence)
  1. 2. LARCENY OF SPECIAL PROPERTY
절도 양형기준
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Valuable Property 1yr ~ 2yrs 6months 1yr 6months ~ 3yrs 2yrs 6months ~ 4yrs
2 Extremely Valuable Property 1yr 6months ~ 3yrs 2yrs ~ 4yrs 3yrs ~ 6yrs

When the Type 2 offense falls within the Aggravated Punishment Act, Article 9, paragraph 1, subparagraph 1, or Article 9, paragraph 2, increase the minimum and maximum sentencing range each by multiplying 1.5.

절도 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Lack of Intention to Steal the
    Special Property
  • Carrying of a Deadly Weapon
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
  • Repeated Offenses of Same
    Offense under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    Punishment Act
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Two or More Co-offenders Involved
Actor/etc.
  • Substantial Portion of Damages
    Reversed
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Repeated Offenses of Different
    Type Under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    PunishmentAct, Criminal History by
    the Same Type of Offenses that
    Does not Constitute Repeated
    Offense under the Criminal Act
    (This Applies When the Criminal
    History is Within Ten Years After
    Completion of Sentence)
  1. 3. HABITUAL REPEATED LARCENY
절도 양형기준
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 General Habitual·Repeated
Larceny
1yr 6months
~ 3yrs
2yrs ~ 4yrs 3yrs ~ 6yrs
2 Joint Habitual·Repeated
Larceny
2yrs 6months
~ 4yrs
3yrs ~ 5yrs 4yrs ~ 7yrs

When the offense falls within the Aggravated Punishment Act, Article 5-4, paragraph 6, increase the minimum and maximum sentencing range each by multiplying 1.5.

절도 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Repeated Offenses by Use of
    Special Methods, Devices, or
    Organizations
  • Larceny of Special Property
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
General
Sentencing
Determinant
Conduct
  • Poverty Crimes
  • Insignificant Damage
  • Passive Participation
  • Carrying of a Deadly Weapon
  • Two or More Co-offenders Involved
  • Intrusion Upon a Habitation or Intrusion
    After Destroying Security Devices
Actor/etc.
  • Substantial Portion of Damages
    Reversed
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  1. 1. LARCENY OF GENERAL PROPERTY
    • A. TYPE 1 LARCENY OF UNATTENDED PROPERTY
    • This means cases where the risk of inflicting bodily injuries to the victim is slight, the extent of the offender’s occupying the property is either loose or weak, the value of the property is insignificant, the extent of interfering with the occupying of the property is slight, and one of the following factors apply:
      • Occupying an unattended object outdoors;
      • Occupying a product on display; or
      • Other cases with comparable factors.
    • B. TYPE 2 GENERAL LARCENY
    • This applies to cases where larceny does not fall within Type 1, 3, or 4.
    • C. TYPE 3 LARCENY OF PERSONAL BELONGINGS
    • This means cases of larceny of property which is occupied within another person’s body and one or more of the following factors apply:
      • Cases of larceny by snatching another person’s personal belongings (commonly known as ‘snatching’);
      • Cases of larceny by stealing another person’s personal belongings in a public place without them knowing the fact (commonly known as ‘pickpocketing’);
      • Cases of larceny by stealing from a drunken person unconscious in a street; or
      • Other cases with comparable factors.
    • D. TYPE 4 LARCENY ACCOMPANIED BY INTRUSION
    • This means cases of larceny by way of intruding on another person’s dwelling, managed residence, structure, ship, or occupied room.
    • For cases where the offense is not committed at nighttime, the offense would constitute the concurrent crime of intrusion upon habitation and larceny. However, the offense shall be classified as Larceny Accompanied by Intrusion and will not be treated as multi-count conviction under the sentencing guideline.

  2. 2. LARCENY OF SPECIAL PROPERTY
    • A. TYPE 1 VALUABLE PROPERTY
    • This means cases of larceny where the stolen goods are placed with high social, cultural, and economic value and the following applies:
      • Larceny as prescribed in Cultural Property Protection Act, Article 92, paragraph 2.
      • Larceny of cash, marketable securities, or precious jewelry held by a financial institution (financial institution stipulated in Specific Economic Crime Act, Article 2, paragraph 1).
      • Cases where the value of the property has surged in a short period of time or is in scarcity.
      • Larceny of significant industrial technology or materials concerning trade secrets.
    • B. TYPE 2 EXTREMELY VALUABLE PROPERTY
    • This means cases of larceny where the stolen goods is extremely high in social, cultural, and economic value and the following applies:
      • Larceny as prescribed in Cultural Property Protection Act, Article 92, paragraph 1.
      • Larceny of forest products that falls within Aggravated Punishment Act, Article 9, paragraph 1, subparagraph 2.
      • Larceny of oil contained in an oil pipeline (oil pipeline as prescribed in the Oil Pipeline Safety Control Act)
      • Larceny of forest products that falls within Aggravated Punishment Act, Article 9, paragraph 1, subparagraph 1 or Article 9, paragraph 2.
      • Cases where the stolen property is industrial technology crucial enough to change the course of a company’s future such as the success or failure, or to change the dynamics of the relevant industry.
  3. 3. LARCENY OF HABITUAL AND REPEATED PROPERTY
    • A. TYPE 1 GENERAL HABITUAL OR REPEATED LARCENY
    • Cases under Aggravated Punishment Act, Article 5-4, paragraph 1.
    • Cases under Aggravated Punishment Act, Article 5-4, paragraph 5, directed to apply punishment stipulated in Aggravated Punishment Act, Article 5-4, paragraph 1.
    • Cases under Aggravated Punishment Act, Article 5-4, paragraph 6, directed to apply punishment stipulated in Aggravated Punishment Act, Article 5-4, paragraph 1.
    • B. TYPE 2 JOINT HABITUAL OR REPEATED LARCENY
    • Cases under Aggravated Punishment Act, Article 5-4, paragraph 2.
    • Cases under Aggravated Punishment Act, Article 5-4, paragraph 5, directed to apply punishment stipulated in Aggravated Punishment Act, Article 5-4, paragraph 2.
    • Cases under Aggravated Punishment Act, Article 5-4 para 6, directed to apply punishment stipulated in Aggravated Punishment Act, Article 5-4, paragraph 2.
  1. 1. SPECIAL CONSIDERATIONS CAN BE TAKEN INTO ACCOUNT FOR ENGAGING IN OFFENSE
    • This means one or more of the following factors apply:
      • Participation in the crime was forced by another person or resulted from threats
        (This excludes cases where Criminal Act, Article 12 is applicable).
      • When the offender merely agreed to participate in the crime but did not lead or actually participate in the commission of the crime.
      • Other cases with comparable factors.
  2. 2. POVERTY CRIMES
    • This means cases where one or more of the following factors apply:
      • Offense committed to escape from the offender’s impoverished circumstances;
      • Offense committed to pay for hospital expenses or school tuitions and the like; or
      • Other cases with comparable factors.
  3. 3. INTRUSION UPON PLACES OTHER THAN INDOORS OF A DWELLING (TYPE 4)
    • This means cases among Type 4 (Larceny Accompanied by Intrusion) where the larceny is committed after intruding places other than ‘indoors of a dwelling (areas where the victim resides continuously and repetitively on a daily basis and strangers unassociated to the victim or the family of the victim cannot enter with ease)’.
  4. 4. OFFENSES COMMITTED WITH ORGANIZED SCHEME
    • This means cases where multiple offenders engage in commission of the offense for the purpose of larceny in an organized scheme involving agreeing to the crime in advance, allocating tasks, and executing the commission accordingly.
  5. 5. SERIOUS PERSONAL OR SOCIAL HARM CAUSED AND HARM NOT REVERSED
    • “Serious personal damages” means cases with one or more of the following factors:
      • Cases where the offender has harmed the victim significantly (taken into account the victim’s subjective value of the stolen item and derivative damage overall) by stealing expensive antiques, precious jewelry, large amounts of stocks or cash, or other similar goods.
      • Other cases with comparable factors.
    • “Serious social damage” means cases with one or more of the following factors:
    • Cases that do not fall within larceny of special property but the offense caused significant social damage.
    • Other cases with comparable factors.
  6. 6. PASSIVE PARTICIPATION
    • This means cases where the nature of participation in the commission of the offense was passive or the offender had a limited role.
    • However, this is not applicable in cases where the offender had an active role in the commission of the offense by causing another person to commit the offense.
  7. 7. TWO OR MORE CO-OFFENDERS
    • This means cases where two or more offenders were involved in the commission of the offense, but does not suffice to fall within Offenses Committed with Organized Schemes.
  8. 8. CASES FALLING WITHIN THE ACT ON FOREST CULTURE AND RECREATION, ARTICLE 35, PARAGRAPH 2, AND FOREST PROTECTION ACT, ARTICLE 54, PARAGRAPH 1
    • Larceny of Designated Forest Cultural Asset
    • Larceny of nurse-trees or larceny of products in the forest protection areas
  9. 9. LACK OF INTENTION TO STEAL THE SPECIAL PROPERTY
    • This means cases where the offender stole special property in a location where such property is not usually found. After not becoming aware of it or without intention to steal the special property, through coincidence commits the offense.
  10. 10. REPEATED OFFENSES BY USE OF SPECIAL METHODS, DEVICES, OR ORGANIZATIONS
    • This means cases where the offense applicable to one or more of the following factors has been executed repetitively:
      • Cases where the offender used a certain method or technology rather than cases of simply taking advantage of careless surveillance, or other similar methods, regarding searching, occupying, or transporting of the stolen goods.
      • Cases where devices have been employed for stealing goods that are generally unmovable.
      • Offense committed with the purpose of committing larceny(this does not need to suffice to the level of a criminal organization), agreeing to the crime in advance, allocating tasks, and executing the commission accordingly.
  1. 1. DETERMINING APPROPRIATE SENTENCING RANGE
    • In determining the appropriate sentencing range, the judge must only consider the special sentencing determinants.
    • However, in cases involving more than two special sentencing determinant, the applicable sentencing range is adjusted after assessing the factors as set forth below:
      1. ① The same number of conduct factor shall be considered with greater significance than the actor/etc. factor. However, this shall be assessed equally to the victim’s objection to the punishment.
      2. ② Each factor within the relevant categories of conduct or actor/etc. factors should be treated as equal.
      3. ③ If the applicable sentencing range is unable to be determined by the aforementioned principles ①, ②, the judge is to decide the applicable sentencing range through a comprehensive comparison and assessment based on the principles set forth in ①, ②.
    • It is recommended that when the assessment reveals greater aggravating factors to select the aggravated zone, the mitigating factors is greater to select the mitigating zone, and the same number of aggravating factors and mitigating factors to select the standard zone as a sentencing range.
  2. 2. DETERMINING THE APPLICABLE SENTENCE
    • The judge should select the proper point within the sentencing range as assessed in accordance with the above principles, along with the special sentencing determinant and general sentencing determinant taken together.
  1. 1. SPECIAL ADJUSTMENTS TO THE SENTENCING RANGE
      1. ① In cases where the aggravating factor is selected and the assessment of the special sentencing determinant reveals only two or more special aggravating factors or the special sentencing determinant outnumbers the special mitigating determinant by two or more, then the sentencing range should be increased up to 1/2 from the maximum level.
      2. ② For cases where the mitigating factor is selected as a result of assessment of the special sentencing determinant, and there are two or more special mitigating determinant or the special mitigating determinant outnumbers the special aggravating determinant by two or more, the sentencing range should be decreased up to 1/2 from the minimum level.
  2. 2. RELATION BETWEEN THE RECOMMENDED SENTENCING RANGE GUIDELINES AND APPLICABLE SENTENCING RANGE BY LAW
    • When the sentencing range under this guideline conflicts with the range drawn in accordance with the aggravation and mitigation of applicable law, the sentencing range prescribed by applicable law governs.
  3. 3. APPLICATION OF STATUTORY MITIGATING FACTORS AS DISCRETIONARY
    • When the judge declines to apply the optional mitigation factor under the applicable law as listed in the sentencing table of this guideline, this shall be considered as the discretion for mitigation.
  1. 1. APPLICABLE SCOPE
    • This part on multi-count convictions applies to concurrent crimes prescribed in the first part of Article 37 of the Criminal Act as set forth in this sentencing guideline. However, in cases of this article’s concurrent crimes where offenses that fall within and outside of the sentencing guidelines are involved, the minimum level should be the minimum of the sentencing range of the offense that is set forth in this sentencing guideline.
  2. 2. DETERMINING BASE OFFENSE
    • The “base offense” means the most severe offense that results after the selection of penalty and statutory aggravation and mitigation as prescribed in Criminal Act, Article 50. However, in cases where the maximum sentencing range is lower than that of the maximum sentencing range of the other counts as provided in this guideline, then such other count becomes the base offense.
  3. 3. CALCULATING SENTENCING RANGE
    • For purposes of calculating sentencing range for multi-count conviction cases, the judge shall apply the following unless the offenses are deemed as a single offense under the sentencing guideline.
      1. ① In setting sentencing range for an offender convicted of two counts, the sentencing range should be the total sum of the maximum sentencing range of the base offense and the 1/2 of the maximum sentencing range of the second count.
      2. ② In setting sentencing range for an offender convicted of three or more counts, the sentencing range should be the total sum of the following: (1) maximum sentencing range of the base offense, (2) 1/2 of the maximum sentencing range of the count with the highest sentencing range, and (3) 1/3 of the maximum sentencing range of the remaining count with the second highest sentencing range.
      3. ③ For cases where the minimum sentencing range of the other count is higher than that of the base offense, the minimum sentencing range resulting from the multi-count offense should be the minimum sentencing range of the other count.

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