Calculators & Self-ChecksProsecution Request Estimator
Night-time burglary (theft after entering a home at night): statutory penalty and likely requested sentence
The statutory penalty for Night-time burglary (theft after entering a home at night) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 10 years in prison
- Legal basis
- Criminal Act, Article 330
- Category
- Property
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 year to 2 years 6 months in prison
If it was done by several people together, with a weapon, or repeatedly, investigation in detention may be considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year to 2 years 6 months in prison
This crime has no fine option, so if charged, the case goes to a formal trial.
Suspension of indictment possible
For a first offense where the stolen goods were recovered, or for a juvenile or student, a suspension of indictment is possible.
Notes
- This is entering someone's home or building at night and stealing.
- Property crimes between family members (relatives) can be punished only if the victim files a complaint.
Frequently asked questions
- Night-time burglary (theft after entering a home at night): what is the statutory penalty?
- Legal basis: Criminal Act, Article 330. Statutory penalty: Up to 10 years in prison.
- Night-time burglary (theft after entering a home at night): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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