CONTENTS
- 1. The Client Who Sought a Consultation After a Trespass Complaint
- - The Charges Against the Client Who Was the Subject of a Trespass Complaint
- 2. The Assistance Provided to Defend Against Punishment in the Trespass Complaint
- 3. The Client in the Trespass Complaint Defended Against Punishment Through a Non-Disposition Decision
1. The Client Who Sought a Consultation After a Trespass Complaint
The client, an elderly person, had been reported for domestic violence in the course of a dispute with his wife and was subject to a restraining order.
In an effort to resolve matters through conversation, the client went to see his wife.
However, during the conversation, the client became angry and reportedly tried to enter the home by striking the front door with the cane he was holding.
In the end, the client was charged with attempted special intrusion upon habitation, special assault, and special destruction of property.
The client and the client's son came to the criminal attorney and requested legal assistance to defend against punishment.
The Charges Against the Client Who Was the Subject of a Trespass Complaint
The client was charged with attempted special intrusion upon habitation.
Because the client had committed the offense while carrying a cane, that is, a dangerous object, the client faced the risk of more severely aggravated punishment.
🔗Intrusion upon habitation is punishable by imprisonment for up to three years or a fine of up to 5 million won, and an attempt is likewise punishable.
Because the client also faced charges of special assault and special destruction of property, a heavier sentence was anticipated.
The statutory penalties for special assault and special destruction of property are as follows.
A person who commits the crime under Article 260 (1) or (2) by displaying the force of a group or multitude, or by carrying a dangerous object, is punished by imprisonment for up to five years or a fine of up to 10 million won.
(1) A person who commits the crime under Article 366 by displaying the force of a group or multitude, or by carrying a dangerous object, is punished by imprisonment for up to five years or a fine of up to 10 million won.
2. The Assistance Provided to Defend Against Punishment in the Trespass Complaint
For the client who was the subject of a trespass complaint, the criminal attorney examined the circumstances of the case in detail.
The attorney then made the following arguments and provided dedicated assistance to defend against the client's punishment.
The Client Is of Advanced Age and Shows Symptoms of Dementia
The client is of advanced age and has recently shown symptoms of dementia, attending the hospital and devoting effort to treatment.
The criminal attorney therefore emphasized that the client was unable to think normally due to the effects of old age.
The Client Has Lived an Exemplary Life Without Any Criminal Record
Throughout the client's life, the client has lived diligently without any criminal record.
The attorney also emphasized that the risk of reoffending was low and requested the greatest possible leniency.
3. The Client in the Trespass Complaint Defended Against Punishment Through a Non-Disposition Decision
As a result of the criminal attorney's dedicated assistance, the client received a non-disposition decision and was able to conclude the case without punishment.
The client and the client's son expressed their thanks to the criminal attorney on several occasions.
A Criminal Defense Attorney's Casebook
This case involved an elderly client who had been the subject of a criminal complaint for intrusion upon habitation filed by his wife, and who came to a criminal defense attorney together with his son to respond to the matter.
Although the case carried a risk that several charges might be recognized and result in a heavy sentence, the client was able to defend against punishment with the help of the attorney.
At Daeryun Law Firm, attorneys experienced in criminal matters and registered with the Korean Bar Association develop response strategies suited to each situation and provide active assistance to clients involved in criminal cases.
If you have been the subject of a complaint for intrusion upon habitation as in the case above and need a legal response, please feel free to 🔗request a legal consultation at any time.
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.
