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Deals & Cases

Intrusion into a Structure, Search of a Room

Criminal Complaint | Charged Through a Complaint With Intrusion Into a Structure and Searching a Room but Received a Suspended Sentence

The client who sought this firm's assistance, stating that a criminal complaint had been filed against him, faced the risk of punishment for the crime of intrusion into a structure and the crime of searching a room. This is a case in which a criminal law attorney stepped in and defended against an actual custodial sentence.

CONTENTS
  • 1. Criminal Complaint | Case Details
  • 2. Criminal Complaint | Explanation of the Concept of the Crime of Intrusion Into a Structure
    • - Requirements for the Establishment of the Crime of Intrusion Into a Structure
    • - Level of Punishment for the Crime of Intrusion Into a Structure
  • 3. Criminal Complaint | Explanation of the Concept of the Crime of Searching a Room
    • - Requirements for the Establishment of the Crime of Searching a Room
    • - Level of Punishment for the Crime of Searching a Room
  • 4. Criminal Complaint | Procedure When One Is Filed Against You
    • - Assistance Provided by the Attorney Specializing in Criminal Matters
  • 5. Criminal Complaint | Case Result

1. Criminal Complaint | Case Details

This is the account of a client who, having had a criminal complaint filed against him, sought this firm's criminal law attorney to request a consultation.

While preparing for employment over a long period, the client, fearing that he would disappoint his family, ended up lying that he had been employed at and was working for a public corporation.

To reassure his family, the client intended to enter the building of the company in question, take a photograph as if he were an employee, and present it to his family as evidence.

Accordingly, the client went to the company, deceived the security office by saying he had left his access pass behind, received a single-use access pass, and entered the interior of the building.

He then took a photograph as if he were working while seated at an office desk, but he was discovered by an administrator who found this suspicious, and as a result a criminal complaint was filed against him on charges of the crime of intrusion into a structure and the crime of searching a room.

Although the client did not actually view any of the company's confidential materials or rummage through documents, an investigation by the investigative authorities began.

Criminal Complaint | Case Details

2. Criminal Complaint | Explanation of the Concept of the Crime of Intrusion Into a Structure

The crime of intrusion into a structure is established when a person, without justifiable reason, intrudes upon another's structure or occupied space.

Here, intrusion includes not only physically breaking down a door and entering but also a case in which a person without authority feigns or deceives as to permission to enter.

Because the client received an access pass by deceiving that he had left his pass behind, this may correspond to the elements of the crime of intrusion into a structure.

Requirements for the Establishment of the Crime of Intrusion Into a Structure

For the crime of intrusion into a structure to be established, the following requirements must be satisfied.

· It must be a structure under another's management or possession

A structure means a building used by people for residence or for business, commercial operation, storage, or the like, such as a house, an office, a commercial premises, or a factory.

What matters is not necessarily who the legal owner is; if there is a person who in fact controls and manages the space at present, it is recognized as "another's structure."

For example, a leased office also falls within this category.

· One must enter without justifiable reason

This applies to a case in which a person without authority to enter does so without permission.

It includes not only the act of physically breaking down a door and entering but also a case of entering by misusing an access pass or by fabricating a false reason.

However, if there is a justifiable reason, such as the performance of a public duty, the illegality may be precluded.

· There must subjectively exist an intent to intrude

As in a case where one mistakenly takes the wrong path and briefly sets foot inside, the crime is difficult to establish where there is no intent.

However, as in this case, where the purpose of entering while feigning to be an employee is clear, the intent to intrude is recognized.

Level of Punishment for the Crime of Intrusion Into a Structure

If a criminal complaint is filed and the crime of intrusion into a structure is established, the following level of punishment may be imposed.

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

(1) A person who intrudes upon another's residence, managed structure, vessel or aircraft, or occupied room shall be punished by imprisonment of up to 3 years or a fine of up to 5 million won.

3. Criminal Complaint | Explanation of the Concept of the Crime of Searching a Room

The crime of searching a room is established when a person, without justifiable reason, enters and searches another's room.

That is, there must be an act of rummaging through another's documents, drawers, belongings, and the like, not merely stopping at intrusion.

In this matter, it was confirmed that the client only sat at a desk and took photographs and did not actually rummage through belongings or view documents, so there was room to contest whether the crime of searching a room was established.

Requirements for the Establishment of the Crime of Searching a Room

The crime of searching a room is a more specific and serious offense than intrusion into a structure, and it is established when, beyond intrusion, a person carries out a search inside a room.

· One must intrude upon another's room

A room refers to an individual space within a structure where a particular person's living or work takes place, such as a residence or an office.

For example, an individual desk space within a company office or a private research room may fall within this category.

· One must rummage through or search belongings such as documents and equipment

Merely entering and remaining in another's room is insufficient; there must be an active search, such as viewing documents, opening drawers, or checking a PC or materials.

Therefore, as in this case, where one only took photographs and did not actually rummage through belongings, it can be argued that the crime of searching a room is not established.

Level of Punishment for the Crime of Searching a Room

If a criminal complaint is filed and the crime of searching a room is established, the following level of punishment may be imposed.

Criminal Act Article 321 (Search of Residence or Body)

A person who searches the body, residence, managed structure, automobile, vessel, or aircraft of another, or a room in their possession, shall be punished by imprisonment for not more than three years.

4. Criminal Complaint | Procedure When One Is Filed Against You

When a criminal complaint is filed against you, the case proceeds according to the following steps.

· Filing of the complaint: The victim submits a complaint to the police.

· Commencement of investigation: The police summon and question the accused as a suspect and secure objective evidence such as CCTV footage and entry records.

· Referral to prosecution: After the police investigation, if the suspicion is found to be substantiated, the case is referred to the prosecutors' office, and the prosecutor decides whether to bring a public prosecution.

· Trial proceedings: Once a public prosecution is brought, a formal trial is held in court.

· Pronouncement of judgment: Taking into account the nature of the offense, the extent of the harm, whether a settlement was reached, and other factors, the court determines an acquittal, a fine, a suspended sentence, or an actual custodial sentence.

Assistance Provided by the Attorney Specializing in Criminal Matters

In this client's case, the attorney specializing in criminal matters provided assistance as follows.

· Explaining the motive for the offense

It was emphasized that the client acted out of a desire to reassure their family.

Through this, it was explained that the offense was not committed with any intent to obtain economic gain.

· Denying the charge of searching a room

By securing CCTV footage and statements from the scene, it was proven that the client merely sat at a desk and took photographs and never touched or searched any materials.

On this basis, it was firmly argued that the crime of searching a room was not established.

· Submitting materials showing remorse and minimization of harm

A handwritten letter of reflection and a written pledge against reoffending, demonstrating the client's deep remorse, were submitted.

In addition, a letter of appeal from the family and psychological counseling records were used to highlight the low risk of reoffending.

· Emphasizing first-time offender status and family circumstances

It was established through documents and statements that the client was a first-time offender with no prior record, and that some family members have disabilities, making the household's livelihood difficult in the client's absence.

Furthermore, it was proven by submitting an employment contract that the client had already found a new job and was working diligently, and it was emphasized that there was no concern of reoffending.

5. Criminal Complaint | Case Result

Criminal Complaint | Case Result

The court imposed a suspended sentence on the client.

In a situation where an actual custodial sentence could have been imposed, the active assistance of the attorney specializing in criminal matters led to the opportunity for the client to return to society.

When a criminal complaint is filed against you, it is difficult to avoid an unfavorable outcome through a statement of innocence alone.

In particular, offenses such as intrusion into a structure, for which the scope of intrusion is interpreted broadly under the law, require a professional defense strategy.

Accordingly, thoroughly preparing evidence, legal arguments, and materials for leniency together with an attorney specializing in criminal matters from the early stages of the case can increase the chances of preventing an unfavorable outcome.

If you need assistance in a situation similar to that of the client in this case, you may wish to make a 🔗legal consultation reservation with Daeryun Law Firm.

형사고소 | 건조물침입, 방실수색으로 고소 당했으나 집행유예

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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