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Deals & Cases

Intimidation, intrusion upon habitation, etc.

[Defense Against Charges Including Intrusion Upon Habitation] Suspension of Sentencing for Intrusion Upon Habitation, and Dismissal of Prosecution Obtained for Intimidation, Stalking, and Others

This is the case of a client who was sent to trial on multiple charges, including intrusion upon habitation. The client was in a situation of being held in a detention center after committing offenses such as stalking a former partner and intruding upon her habitation.

CONTENTS
  • 1. The Client Who Was Sent to Trial on Multiple Charges, Including Intrusion Upon Habitation
    • - Acknowledging the Charges Including Intrusion Upon Habitation and Requesting Assistance With a Settlement With the Victim
  • 2. Emphasizing That an Amicable Settlement Was Reached With the Victim on the Charges Including Intrusion Upon Habitation
    • - Laws Related to This Case Involving Intrusion Upon Habitation and Other Charges
  • 3. Suspension of Sentencing for Intrusion Upon Habitation, and Dismissal of Prosecution for Intimidation and Stalking Punishment Act Violation

1. The Client Who Was Sent to Trial on Multiple Charges, Including Intrusion Upon Habitation

The client, to whom multiple charges including intrusion upon habitation were applied, reportedly intruded without permission into the home of a former partner while heavily intoxicated and impaired in judgment.

Facing several charges in addition to intrusion upon habitation, the client continually contacted the victim and also intimidated the victim using a dangerous object.

Following the victim's complaint, the client was even held in a detention center.

Acknowledging the Charges Including Intrusion Upon Habitation and Requesting Assistance With a Settlement With the Victim

On behalf of the client, who was in detention, the client's family requested Daeryun's assistance regarding the intrusion upon habitation and other charges.

The client acknowledged all of the multiple charges, including intrusion upon habitation. Emphasizing this point, the family requested that the sentence be reduced as much as possible.

In addition, because the failure to reach a settlement with the victim during the investigation was the greatest issue, the family also requested assistance in reaching an amicable settlement with the victim while the trial was proceeding.

2. Emphasizing That an Amicable Settlement Was Reached With the Victim on the Charges Including Intrusion Upon Habitation

Through close consultation with the client, Daeryun Law Firm assembled a dedicated team of attorneys composed of multiple specialists with extensive experience in intrusion upon habitation, intimidation, and Stalking Punishment Act violation cases.

The Daeryun attorney team assisted the defendant in reaching an amicable settlement with the victim.

The attorney team then argued that the defendant acknowledged the entirety of the facts charged in this case, was remorseful, and posed a low risk of reoffending.

■ The defendant cooperated with the investigation by the investigative agency and was sincerely remorseful for his offense.

■ The defendant acknowledged all the evidence submitted by the prosecutor and was regretful.

■ The defendant came to intrude without permission into the home of the victim, his former partner, while heavily intoxicated.

■ The defendant did not obtain the victim's forgiveness during the investigation, but with Daeryun's assistance was able to convey an apology and reach a settlement.

Laws Related to This Case Involving Intrusion Upon Habitation and Other Charges

Let us examine the laws related to this case involving intrusion upon habitation and other charges.

Sentencing for Intimidation

Criminal Act
Article 283 (Intimidation, Intimidation of a Lineal Ascendant) (1) A person who intimidates another is punished by imprisonment for not more than three years, a fine not exceeding 5 million won, detention, or a minor fine.
(2) A person who commits the offense under paragraph (1) against a lineal ascendant of the person or of the person's spouse is punished by imprisonment for not more than five years or a fine not exceeding 7 million won.
(3) For the offenses under paragraphs (1) and (2),
prosecution may not be brought against the express will of the victim.

Article 284 (Special Intimidation) A person who commits the offense under paragraph (1) or (2) of the preceding Article by displaying the power of a group or multitude or by carrying a dangerous object is punished by imprisonment for not more than seven years or a fine not exceeding 10 million won.

Article 285 (Habitual Offender) Where a person habitually commits the offense under Article 283 (1) or (2) or the preceding Article, the penalty prescribed for the offense is aggravated by up to one half.

Sentencing for Intrusion Upon Habitation

Criminal Act
Article 319 (Intrusion Upon Habitation, Refusal to Leave) (1) A person who intrudes upon another's residence, a managed structure, a vessel or aircraft, or an occupied room is punished by imprisonment for not more than three years or a fine not exceeding 5 million won.
(2) A person who, having received a demand to leave the place referred to in the preceding paragraph, does not comply is subject to the same penalty as in the preceding paragraph.

Article 320 (Special Intrusion Upon Habitation) A person who commits the offense under the preceding Article by displaying the power of a group or multitude or by carrying a dangerous object is punished by imprisonment for not more than five years.

Sentencing for Stalking Punishment Act Violation

Article 18 of the Act on Punishment of Crime of Stalking (Crime of Stalking) (1) A person who commits the crime of stalking is punished by imprisonment for not more than three years or a fine not exceeding 30 million won.
(2) A person who commits the crime of stalking while carrying or using a deadly weapon or other dangerous object is punished by imprisonment for not more than five years or a fine not exceeding 50 million won.

Intrusion upon habitation

With the amendment of the Stalking Punishment Act, the provision treating the crime of stalking as one not punishable against the victim's will was removed. As a result, it became difficult to avoid punishment even after reaching a settlement with the victim.

Where a person faces related charges, the help of a legal specialist is generally necessary.

3. Suspension of Sentencing for Intrusion Upon Habitation, and Dismissal of Prosecution for Intimidation and Stalking Punishment Act Violation

Accepting the argument of the Daeryun Law Firm specialist attorney, the court rendered a suspension of sentencing for the intrusion upon habitation, and a dismissal of prosecution for the intimidation and the violation of the Act on Punishment of Crime of Stalking.

With the help of the Daeryun specialist attorney, the client, who reached an amicable settlement with the victim, was able to obtain a dismissal of prosecution on some of the charges.

In addition, the client also received a suspension of sentencing on the intrusion upon habitation charge, allowing the case to be successfully concluded.

After receiving a suspension of sentencing, the client can be exempted from the pronouncement of the sentence if two years pass without committing an offense.

Daeryun Law Firm organizes a performance team composed of multiple legal specialists to maximize expertise, and through Daeryun's own litigation system built on its resolved cases, has guided the cases entrusted to it toward favorable outcomes.

Where a person faces multiple criminal charges and an investigation or trial is ahead, the help of a specialist is generally important. If you need legal help in this regard, you may request a consultation with Daeryun at any time. Daeryun's door is always open to clients.

[주거침입죄 등 혐의 방어] 주거침입죄 선고유예, 협박·스토킹 등 공고기각 이끌어내

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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