Busan Attorney Referral | Client Assisted by Daeryun Through a Busan Attorney Referral Successfully Defends Against an Intrusion upon Habitation Charge

The circumstances under which the client came to intrude upon the victim's habitation are as follows.

The client drank about two bottles more than the client's usual capacity and reached a state of heavy intoxication.

In that state, the client took a taxi and told the taxi driver the name of the apartment complex where the client lived.

Due to a mistake by the taxi driver, the client was dropped off at an apartment complex with the same name in a different neighborhood.

After wandering for a long time in search of the client's home, the client mistook the victim's residence for the client's own residence and entered it, and was reported to the police by the homeowner.

Because the time at which the client entered was late at night, the charge of nighttime residential intrusion was applied, and, with the victim also raising a suspicion of theft, the charge of attempted larceny was applied together.

■ What is the crime of intrusion upon habitation?

The “crime of intrusion upon habitation” is an offense established when a person intrudes upon another's dwelling, a managed structure, a ship or aircraft, or an occupied room, or fails to comply with a request to leave such a place.

The structures that are the object of this offense are not limited to spaces in which an individual is living, but include all spaces requiring management, such as public facilities like schools and libraries, as well as aircraft and ships.

If the intrusion took place at night, Article 330 of the Criminal Act for 'nighttime residential burglary' is applied.

After reviewing the CCTV footage in which the client appeared, the client acknowledged all of the conduct relating to the intrusion upon habitation, promptly paid the victim a settlement amount of five million won, and reached an amicable settlement.

Accordingly, the victims stated that they did not wish for the suspect to be punished.

Because the client is a stable office worker with a regular income, the client had no motive to steal property from another person's home.

Although the fact of the intrusion upon habitation itself could not be denied, it was argued that, because the time spent inside the dwelling was only about one minute, the act was not for the purpose of another offense such as a sexual offense or theft.

When Daeryun reviewed the client's appearance at the time through nearby CCTV, the client appeared to have wandered for a long time in search of the client's own home.

On this basis, it was argued that the client had no intention of deliberately intruding upon another person's home.

As in the case of the client above, the crime of intrusion upon habitation often requires a great deal of evidence to prove that the conduct was not committed intentionally.

Even if a person did not steal anything or commit a crime, if it is clear that the person entered a particular place, the person may be punished as an attempted offender.

Therefore, because it is difficult to avoid detention when an individual handles and responds to a case alone, it is important to obtain an attorney referral and respond together from the early stages.

Daeryun Law Firm reviews appropriate measures after consulting with the client, develops a strategy for the case, and assists the client; if you need help, you are welcome to obtain a Busan attorney referral and visit Daeryun at any time.