A Case of Defense Against Intrusion Upon Habitation Charges | A Client Who Entered Another Person’s Residence Without Authorization, a Suspended Sentence

The client in this case was an ordinary office worker who had a personal acquaintance with a coworker.

The coworker, as a joke, told the client the door code to his home, and the client, taking advantage of the moment while the coworker was out, entered out of curiosity.

However, the coworker returned home earlier than expected, the client was discovered on the spot, the matter was reported to the police, and the client was referred for trial on the charge of intrusion upon habitation.

In response, the client requested assistance from a criminal law specialist attorney in order to minimize the anxiety about the possibility of punishment as well as the social and occupational harm.

The criminal attorney organized in detail the circumstances, the motive, and the situation at the time of the client’s entry and submitted them to the investigative authorities and the court.

The attorney established that there was no sexual or theft-related purpose, that the visit was made out of mere curiosity, and that there was no damage to property or theft of any kind.

In addition, the attorney emphasized the fact that the client was a first-time offender with no prior record of the same type of offense and highlighted that the criminal intent was slight.

The criminal attorney emphasized that the client had been sincerely reflecting on his conduct from the early stage of the case.

The attorney also emphasized that, during the police investigation, the client actively admitted the facts and cooperated, and that he did not cause any unnecessary delay or confusion in the progress of the investigation.

Through this, the attorney emphasized that the client’s criminal intent was slight and that his attitude of seeking to observe social norms was clear.

Considering that an unfavorable situation could arise if the client and the victim made direct contact, the criminal attorney conveyed the intent to settle on behalf of the client and led the settlement process.

To ease the victim’s anxiety, the attorney coordinated both in-person and remote methods of negotiation and arranged realistic settlement terms.

During the settlement process, the attorney continually confirmed the views of both the client and the victim in order to maximize the likelihood of reaching a settlement.

Where the crime of intrusion upon habitation is recognized, a person may be subject to imprisonment for not more than three years or a fine not exceeding 5 million won.

▶ Article 319 of the Criminal Act

In determining the sentence for the crime of intrusion upon habitation, various factors are considered, such as the circumstances of the offense, the attitude of the defendant, and the degree to which the harm has been remedied.

▶ Mitigating Factors

▶ Aggravating Factors

The sentencing factors are not merely for reference; they serve as a very important standard when the court actually determines the sentence.

Therefore, systematically preparing the organization of the facts, the remedy of the harm, and efforts to prevent reoffending from the early stage of the case can be a key strategy for obtaining a favorable result, such as a suspended sentence.