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Q

Can I report for residential intrusion?

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Hello. My child has been identified as a school violence perpetrator. Given the severity, I'm prepared for the school violence committee disposition... But I'm worried because the other side's parents said they're also proceeding with a criminal complaint. Does juvenile crime result in the same punishment as adults if criminally punished? Will a criminal record remain? How should we respond?

residential intrusion

A

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Residential intrusion is a crime that may be established under Article 319 of the Criminal Act when entering another person's residence, building, ship, or aircraft without permission, or remaining despite a request to leave.

Therefore, if you explicitly prohibited entry or requested the boyfriend to leave but he entered or remained at home, it may constitute residential intrusion.

When reporting for residential intrusion, securing objective evidence is very important.

▷ CCTV footage, entry records

▷ Messages or call records containing the prohibition of home entry

▷ Records that can prove repeated visits or bypassing security devices

When securing such materials and reporting to the police, providing detailed information about the case circumstances, repetition, and bypassing of security devices helps with investigation progress.

If residential intrusion is recognized, the perpetrator may be punished with imprisonment of up to 3 years or a fine of up to 5 million won.

At this time, many people hesitate to file a report due to fear of retaliation.

If retaliation risk or threats to personal safety are anticipated during the reporting process, safety can be enhanced by combining personal protection measures such as security services with legal action.

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