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Deals & Cases

Intrusion upon habitation

[Ulsan Criminal Law Specialist Attorney Assistance Case] Intrusion Upon Habitation Client, Non-Prosecution With the Assistance of an Ulsan Criminal Law Specialist Attorney

The client who came to the Ulsan criminal law specialist attorney had been accused of intrusion upon habitation and requested a defense against it.

CONTENTS
  • 1. The Background of Coming to the Ulsan Criminal Law Specialist Attorney
    • - The Client Who Requested Assistance From the Ulsan Criminal Law Specialist Attorney
    • - The Level of Punishment for Intrusion Upon Habitation as Explained by the Ulsan Criminal Law Specialist Attorney
  • 2. The Ulsan Criminal Law Specialist Attorney's Assistance
    • - The Ulsan Criminal Law Specialist Attorney Argued That the Suspect Was Heavily Intoxicated at the Time
    • - The Ulsan Criminal Law Specialist Attorney Argued That the Suspect Had Caused No Harm
    • - The Ulsan Criminal Law Specialist Attorney Argued That the Suspect Was a First-Time Offender
  • 3. The Result of the Ulsan Criminal Law Specialist Attorney's Assistance, ‘Non-Prosecution’
    • - The Ulsan Criminal Law Specialist Attorney's Casebook

1. The Background of Coming to the Ulsan Criminal Law Specialist Attorney

The client in this case, who came to the Ulsan criminal law specialist attorney, entered another person's building while heavily intoxicated, was accused of intrusion upon habitation, and came to Daeryun to respond to it.

The Client Who Requested Assistance From the Ulsan Criminal Law Specialist Attorney

The client who requested assistance from the Ulsan criminal law specialist attorney attended a company dinner after a night shift on the day of the incident.

The client did not particularly enjoy drinking and did not drink often, but had no choice but to attend.

The client drank more than usual, became heavily intoxicated, entered another person's building, and was accused of intrusion upon habitation.

However, the client argued that there had been no intent at the time because of the heavy intoxication, and requested help from the Ulsan criminal law specialist attorney.

The Level of Punishment for Intrusion Upon Habitation as Explained by the Ulsan Criminal Law Specialist Attorney

Crime of Intrusion Upon Habitation (including joint intrusion and refusal to leave)
(1) A person who intrudes upon another person's residence, a managed structure, a vessel or aircraft, or an occupied room shall be punished by imprisonment for up to 3 years or a fine of up to 5 million won.

(2) A person who, having been requested to leave the place referred to in the preceding paragraph, fails to comply shall also be subject to the same punishment as in the preceding paragraph.

- Criminal Act, Article 319 (Intrusion Upon Habitation, Refusal to Leave)


Crime of Intrusion Upon Habitation (special offenders, repeat offenses, and the like)
When the crime in the preceding Article is committed by showing the power of a group or a multitude or by carrying a dangerous object, the offender shall be punished by imprisonment for up to 5 years.

- Criminal Act, Article 320 (Special Intrusion Upon Habitation)

Search of a Residence or Body

A person who searches another person's body, residence, a managed structure, an automobile, a vessel or aircraft, or an occupied room shall be punished by imprisonment for up to 3 years.

- Criminal Act Article 321 (Search of a Residence or Body)

2. The Ulsan Criminal Law Specialist Attorney's Assistance

To clear the client's grievance, the Ulsan criminal law specialist attorney emphasized that there had been no intent and appealed for leniency.

The Ulsan Criminal Law Specialist Attorney Argued That the Suspect Was Heavily Intoxicated at the Time

What the suspect remembered from the day of the incident was the scene of a man shouting and the scene of being investigated at the police box.

The suspect was so heavily intoxicated as to be unable even to recognize where the suspect was heading or where the suspect had arrived, and the suspect argued that there had been no intent whatsoever to intrude upon habitation.

The Ulsan Criminal Law Specialist Attorney Argued That the Suspect Had Caused No Harm

The suspect entered the building without being stopped in any way, and did not damage the entrance door or manipulate the password to enter the building.

The suspect argued that the suspect had merely wandered aimlessly while heavily intoxicated, entered the place where the incident occurred, and then fallen asleep.

The Ulsan Criminal Law Specialist Attorney Argued That the Suspect Was a First-Time Offender

The attorney argued that the suspect had no criminal record of any kind and that this case was also merely a mistake that occurred due to heavy intoxication.

3. The Result of the Ulsan Criminal Law Specialist Attorney's Assistance, ‘Non-Prosecution’

The prosecution accepted the Ulsan criminal law specialist attorney's argument and decided not to prosecute.

Thanks to the Ulsan criminal law specialist attorney's argument that the suspect had no intent to commit the offense and did not constitute the act of intrusion under the crime of intrusion upon habitation, the suspect was able to receive a non-prosecution disposition.

The Ulsan Criminal Law Specialist Attorney's Casebook

The case above was the case of a client who, while drunk, mistakenly entered another person's building and was accused of intrusion upon habitation.

With the assistance of Daeryun's Ulsan criminal law specialist attorney, the client succeeded in defending against punishment.

If a person intrudes upon another person's residence or a managed building and is punished for intrusion upon habitation, the person may be subject to imprisonment for up to 3 years or a fine of up to 5 million won.

The assistance of a specialist attorney can be important in reducing the punishment.

At Daeryun Law Firm, criminal attorneys with extensive experience take exclusive charge of cases and assist clients in a favorable direction.

If you wish to reduce the punishment in a criminal case such as the one above, you may entrust your case to Daeryun Law Firm's Ulsan criminal law specialist attorney.

[울산형사전문변호사 조력사례] 주거침입 의뢰인, 울산형사전문변호사 조력으로 불기소

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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