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Habitual theft: statutory penalty and likely requested sentence

The statutory penalty for Habitual theft and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
The penalty for each crime increased by up to 1/2 (for simple theft: up to 9 years in prison or a fine of up to KRW 15 million)
Legal basis
Criminal Act, Article 332
Category
Property

Calculate with your own circumstances

Was the loss very small, such as items left outside or daily necessities from a supermarket?
Did you commit it again within 1 year of release from prison?
Answer all 2 questions and the estimate appears right away. (0/2)

What the handling steps mean

  1. 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
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. 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
  5. 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.

  1. Detention considered

    Likely requested sentence
    6 months to 1 year 6 months in prison

    Investigation in detention is the rule, and if you reoffended within 1 year of release, 1 to 2 years are added to the request.

  2. Detention considered

    Likely requested sentence
    6 months to 1 year 6 months in prison

    Investigation in detention is the rule.

  3. Summary fine

    Likely fine
    KRW 3 million or more

    If the loss is very small, the case is sometimes handled with a fine.

Frequently asked questions

Habitual theft: what is the statutory penalty?
Legal basis: Criminal Act, Article 332. Statutory penalty: The penalty for each crime increased by up to 1/2 (for simple theft: up to 9 years in prison or a fine of up to KRW 15 million).
Habitual theft: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Summary fine. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

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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