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Deals & Cases

Intrusion upon habitation, Violation of the Protection of Communications Secrets Act

Defense Case for Punishment of Intrusion upon Habitation | Suspension of Indictment for a Public Official Charged with Multiple Offenses Including Intrusion upon Habitation

The client, who was facing punishment for intrusion upon habitation, was implicated in a case involving intrusion upon habitation and a violation of the Protection of Communications Secrets Act, and visited a criminal law specialist attorney at Daeryun Law Firm to defend against the punishment.

CONTENTS
  • 1. The Client Who Requested a Defense Against Punishment for Intrusion upon Habitation
    • - The Circumstances of Being Implicated in Multiple Cases, Including Intrusion upon Habitation
  • 2. Strategy for Defending Against Punishment for Intrusion upon Habitation
    • - Reaching a Settlement with the Victim
    • - Explanation of First-Time Offender Status and Attitude of Remorse
    • - Organizing the Grounds for Mitigating Circumstances
  • 3. Case Result for Punishment of Intrusion upon Habitation, a "Suspension of Indictment"
    • - Elements of Intrusion upon Habitation and Violation of the Protection of Communications Secrets Act
    • - Level of Punishment
    • - What if the Person Is a Public Official?
    • - If You Need the Assistance of a Specialist

1. The Client Who Requested a Defense Against Punishment for Intrusion upon Habitation

The client who requested a defense against punishment for intrusion upon habitation was a public official, and was in a situation in which the client could not only face criminal punishment but could also potentially lose the position of public official. However, as a result of actively responding from the investigation stage with the assistance of a criminal law specialist attorney, the client was able to obtain a suspension of indictment.

The Circumstances of Being Implicated in Multiple Cases, Including Intrusion upon Habitation

On the day of the incident, when the client heard sounds from the neighboring residence that were different from usual, the client went to that location to check the situation.


In this process, the client found that a window was open and, in order to check the situation inside, inserted a mobile phone through the window and made a recording.

In response, the neighbor reported the client to the police, and the situation escalated to the point where the client was arrested in the act.


Out of fear of punishment, the client denied the fact of the recording, and as a result the matter developed even more unfavorably, so that a heavy punishment was anticipated.

Determining that it would be difficult to respond alone, the client decided to retain an attorney and requested legal assistance for the matter as a whole, including the punishment for intrusion upon habitation.

Daeryun Law Firm Summary of Punishment for Intrusion upon Habitation

2. Strategy for Defending Against Punishment for Intrusion upon Habitation

Summary of the Strategy for Defending Against Punishment for Intrusion upon Habitation

The charges against the client, who requested a defense against punishment for intrusion upon habitation, were intrusion upon habitation and a violation of the Protection of Communications Secrets Act.

Because it was a matter in which multiple charges were at issue at the same time, the criminal law specialist attorney distinguished and organized the issues for each case and then provided assistance by composing a comprehensive response strategy that took into account the entire investigation stage.

Reaching a Settlement with the Victim

In a situation in which the possibility of criminal punishment had been raised due to the client's conduct, the criminal law specialist attorney systematically prepared an advance response with the goal of an early conclusion of the case and substantive recovery of the harm.

▷ Preparing and delivering a prompt plan for compensating the victim

▷ Reviewing and assisting in drafting the wording of a pledge to prevent recurrence

▷ Organizing a plan to vacate the residence and relocate in order to eliminate the possibility of a recurrence of the dispute

▷ Confirming the victim's intent not to seek punishment and drafting and coordinating a settlement agreement in line with the victim's wishes

Through this assistance, recovery of the harm and a meeting of the minds were achieved amicably, and the settlement materials that could be submitted to the investigative agency were prepared.

Explanation of First-Time Offender Status and Attitude of Remorse

The client was a first-time offender with no record of any criminal punishment prior to this case, and after the incident occurred, the client acknowledged the wrongdoing, cooperated sincerely with the investigation, and is deeply remorseful.

The criminal law specialist attorney actively explained to the prosecution, focusing on the point that this case occurred in a spontaneous situation rather than being a planned or habitual offense, and on the point that the client was a first-time offender.

Organizing the Grounds for Mitigating Circumstances

The client was a person who had practiced an attitude of helping those around them even in everyday life, and it was confirmed that the client had continued social contribution activities on an ongoing basis rather than as a one-time matter.

▷ Having consistently participated in volunteer activities since school days

▷ Having continued volunteer activities on an ongoing basis even after becoming an adult

▷ Having steadily practiced activities to help the socially disadvantaged, including monetary donations

The criminal law specialist attorney comprehensively confirmed the client's past record and overall way of life, and emphasized that there was no risk of reoffending.

3. Case Result for Punishment of Intrusion upon Habitation, a "Suspension of Indictment"

Case Result for Punishment of Intrusion upon Habitation, a Suspension of Indictment

As a result of actively undertaking the defense against the punishment for intrusion upon habitation and the multiple other criminal cases, the prosecution issued the client a suspension of indictment.


In response, the client expressed gratitude, saying, "I was so afraid that I would not be able to keep my position as a public official, but thanks to my attorney, I was able to obtain a good result," and conveyed words of thanks.

Elements of Intrusion upon Habitation and Violation of the Protection of Communications Secrets Act

Crime of Intrusion upon Habitation

Intrusion upon habitation refers to the act of unlawfully entering, without the resident's consent, a dwelling, structure, vessel, or aircraft in which a person resides or which a person manages, or an occupied room, thereby disturbing the peace of the habitation.

Violation of the Protection of Communications Secrets Act

A violation of the Protection of Communications Secrets Act refers to the act of recording or listening to a conversation between others that has not been disclosed, without the consent of the parties, or the act of disclosing information obtained by such means to a third party.

The acts that may be deemed unlawful under the Protection of Communications Secrets Act are as follows.

▶ Censoring mail, wiretapping telecommunications, or providing communication confirmation data

▶ Recording an undisclosed conversation between others without authorization

▶ Using an electronic device or the like to listen to an undisclosed conversation between others

▶ Using, as evidence in a trial or disciplinary proceeding, content obtained through unlawful censorship or wiretapping

Level of Punishment

Punishment for intrusion upon habitation is imposed under the Criminal Act as follows.

Article 319 of the Criminal Act (Intrusion upon Habitation, Refusal to Leave)Imprisonment for not more than three years or a fine not exceeding five million won

Meanwhile, where an undisclosed conversation between others is recorded without authorization, the Protection of Communications Secrets Act applies.

Article 16 of the Protection of Communications Secrets ActImprisonment for not less than one year and not more than ten years, and suspension of qualifications for not more than five years

What if the Person Is a Public Official?

As with the client in the above case, where a public official is implicated in a criminal case, if the case falls within the scope set out in Article 33 (Grounds for Disqualification) of the State Public Officials Act, such as the confirmation of a sentence of imprisonment without labor or heavier, or the confirmation of a fine of one million won or more in connection with a sexual offense, the official may be automatically processed as retired without a separate disciplinary procedure.

In order to prevent such a serious disadvantage, a prompt and active response from the early stage of the investigation is essential.

If You Need the Assistance of a Specialist

Where a person is implicated in multiple criminal cases at the same time, each charge is not only assessed individually but may also serve as grounds for aggravated punishment, so the initial response is more important than anything.

The criminal law specialist attorneys at Daeryun Law Firm closely analyze the issues of each charge from the early stage of a case, and establish a tailored response strategy that takes into account the structure of the evidence and the direction of the investigation, providing systematic assistance.

If you need a defense against punishment for intrusion upon habitation in a situation such as the above, please 🔗make a legal consultation reservation and request assistance.

주거침입죄

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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