Ansan Criminal Attorney Defense Case | Non-Prosecution Disposition for Nighttime Residential Burglary With an Ansan Criminal Attorney's Assistance

This is the account of the client who requested the assistance of an Ansan criminal attorney.

In the past, while dating her boyfriend, the client had shared the front door passcode.

After breaking up with her boyfriend, she visited his home to retrieve her belongings.

After entering the home, she took a large sum of cash that was in a drawer.

Her boyfriend then reported the client on charges of nighttime residential burglary and theft.

Feeling somewhat wronged regarding the charge of nighttime residential burglary, the client requested the assistance of a criminal attorney at the Ansan office.

Ordinary larceny is punishable by imprisonment for up to 6 years or a fine of up to 10 million won.

However, where a person intrudes into another's residence at night and steals property, imprisonment for up to 10 years is imposed.

In the case of nighttime residential burglary, there is no provision for a fine and the penalty is set only as imprisonment, so even a person with no prior record cannot receive a fine and may, at most, be sentenced to a suspended sentence.

For that reason, if you find yourself in a difficult situation on a charge of nighttime residential burglary, it is most important to prove as far as possible, with the help of an attorney, that there was no intent to steal, and to lower the severity of the penalty through an amicable settlement with the victim.

Article 330 of the Criminal Act (Nighttime Residential Burglary)

A person who, at night, intrudes into another's residence, a managed building, a ship, an aircraft, or an occupied room and steals another's property shall be punished by imprisonment for up to 10 years.

The victim learned that the client had taken the victim's money and reported the matter to the police.

However, the victim emphasized that the victim was proceeding with a settlement with the client and was pleading for leniency.

The client had entered the home with the intention of retrieving personal belongings after breaking up with the victim, and the victim had given prior consent to this.

Accordingly, it was emphasized that the client had no intent to commit theft whatsoever.

In the case above, the client, who had been reported on suspicion of nighttime residential burglary, successfully mounted a defense and received a non-prosecution decision with the assistance of the Ansan criminal defense attorney.

Because nighttime residential burglary is an offense for which no separate fine is available, obtaining the help of an attorney is recommended.

🔗Daeryun Law Firm assesses the client's situation in detail and provides assistance such as a settlement with the victim and accompaniment during police questioning.

If you are facing difficulties in a situation similar to the case above, please feel free to entrust your case to an Ansan criminal defense attorney at any time.