CRIMINAL ACT (PART II INDIVIDUAL PROVISIONS) [See entire ACT]

CHAPTER XXXVIII CRIMES OF LARCENY AND ROBBERY

Article 329 (Larceny)

A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding ten million won.

Article 330 (Compound Larceny)

A person who steals another's property by trespassing upon residence, guarded dwelling house, structure or ship or occupied room at night, shall be punished by imprisonment for not more than ten years.

Article 331 (Special Larceny)

(1) A person who steals another's property by trespassing at night upon the places specified in the preceding Article after destroying or damaging the gate, the wall or a part of the structure, shall be punished by imprisonment for at least one year up to ten years.
(2) The preceding paragraph shall apply to a person who steals another's property, armed with a deadly weapon or accompanied by one or more persons.

Article 331-2 (Unlawful Use of Automobile, etc.)

Any person who uses temporarily another person's automobile, ship, air craft or motor-equipped bicycle, without consent of the person having the right to it, shall be punished by imprisonment for not more than three years. fine not exceeding five million won, detention or a minor fine.

Article 332 (Habitual Crimes)

A person who habitually commits the crimes under Articles 329 through 331-2, shall be punished by aggravating by up to one half of the penalty specified in the relevant crime.

Article 333 (Robbery)

A person who forcibly takes another's property or obtains pecuniary advantage from another or causes a third person to do so through violence or intimidation, shall be punished by limited imprisonment for at least three years.

Article 334 (Special Robbery)

(1) A person who commits the crime as prescribed in Article 333 by trespassing upon a human habitation, managed building, structure, ship or aircraft or occupied room at night, shall be punished by imprisonment for life or at least five years.
(2) The above paragraph shall apply to a person who commits the crime of the preceding Article, armed with a deadly weapon, or accompanied by one or more persons.

Article 335 (Quasi-Robbery)

A thief who uses violence or intimidation in order to resist recovery of stolen property, to escape arrest or to obliterate a trace of the crime, shall be punished in accordance with the preceding two Articles.

Article 336 (Robbery by Hostage)

A person who arrests or confines another or obtains or maintains another under the control of his or hers as hostage by use of force or by enticement and acquires any property or economic benefits or has a third person acquire them shall be punished by imprisonment for a limited term of at least three years.

Article 337 (Bodily Injury resulting from Robbery)

A robber who injures another or causes injury to another, shall be punished by imprisonment for life or at least seven years.

Article 338 (Murder, etc. by Robbery)

If a robber murders another person, he shall be punished by death or imprisonment for life. If it results in the death, one shall be punished by imprisonment for life or ten or more years.

Article 339 (Robbery and Rape)

A robber who commits rape in the course of robbery shall be punished by imprisonment for life or for at least ten years.

Article 340 (Piracy)

(1) A person who, through the threat of collective force in the sea, forcibly seizes a ship or forcibly takes another's property after intruding upon a ship, shall be punished by imprisonment for life or for at least seven years.
(2) A person who commits the crime of paragraph (1), thereby inflicting or causing injury to another, shall be punished by imprisonment for life or for at least ten years.
(3) A person who commits the crime of paragraph (1), thereby killing another or causing another person's death or committing rape, shall be punished by death or by imprisonment for life.

Article 341 (Habitual Crimes)

A person who habitually commits the crimes specified in Article 333, 334, 336 or paragraph (1) of the preceding Article shall be punished by imprisonment for life or for at least ten years.

Article 342 (Attempts)

A person who attempts to commit any crime of Articles 329 through 341 shall be punished.

Article 343 (Preparations or Conspiracies)

A person who makes preparations or conspires with the intent to commit robbery shall be punished by imprisonment for not more than seven years.

Article 344 (Crimes Among Relatives)

The provisions of Article 328 shall apply mutatis mutandis to the crimes of Articles 329 through 332 and attempts thereof.

Article 345 (Concurrent Imposition of Suspension of Qualifications)

When limited imprisonment is to be imposed on a person who commits the crimes of this Chapter, the suspension of qualifications may be concurrently imposed.

Article 346 (Energy)

In regard to the crimes of this Chapter, energy which is subject to human control shall be deemed to be property.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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