Defense Case for Punishment of Intrusion upon Habitation | Suspension of Indictment for a Public Official Charged with Multiple Offenses Including Intrusion upon Habitation

On the day of the incident, when the client heard sounds from the neighboring residence that were different from usual, the client went to that location to check the situation.

In this process, the client found that a window was open and, in order to check the situation inside, inserted a mobile phone through the window and made a recording.

In response, the neighbor reported the client to the police, and the situation escalated to the point where the client was arrested in the act.

Out of fear of punishment, the client denied the fact of the recording, and as a result the matter developed even more unfavorably, so that a heavy punishment was anticipated.

Determining that it would be difficult to respond alone, the client decided to retain an attorney and requested legal assistance for the matter as a whole, including the punishment for intrusion upon habitation.

In a situation in which the possibility of criminal punishment had been raised due to the client's conduct, the criminal law specialist attorney systematically prepared an advance response with the goal of an early conclusion of the case and substantive recovery of the harm.

Through this assistance, recovery of the harm and a meeting of the minds were achieved amicably, and the settlement materials that could be submitted to the investigative agency were prepared.

The client was a first-time offender with no record of any criminal punishment prior to this case, and after the incident occurred, the client acknowledged the wrongdoing, cooperated sincerely with the investigation, and is deeply remorseful.

The criminal law specialist attorney actively explained to the prosecution, focusing on the point that this case occurred in a spontaneous situation rather than being a planned or habitual offense, and on the point that the client was a first-time offender.

The client was a person who had practiced an attitude of helping those around them even in everyday life, and it was confirmed that the client had continued social contribution activities on an ongoing basis rather than as a one-time matter.

The criminal law specialist attorney comprehensively confirmed the client's past record and overall way of life, and emphasized that there was no risk of reoffending.

Crime of Intrusion upon Habitation

Intrusion upon habitation refers to the act of unlawfully entering, without the resident's consent, a dwelling, structure, vessel, or aircraft in which a person resides or which a person manages, or an occupied room, thereby disturbing the peace of the habitation.

Violation of the Protection of Communications Secrets Act

A violation of the Protection of Communications Secrets Act refers to the act of recording or listening to a conversation between others that has not been disclosed, without the consent of the parties, or the act of disclosing information obtained by such means to a third party.

The acts that may be deemed unlawful under the Protection of Communications Secrets Act are as follows.

Punishment for intrusion upon habitation is imposed under the Criminal Act as follows.

Meanwhile, where an undisclosed conversation between others is recorded without authorization, the Protection of Communications Secrets Act applies.

As with the client in the above case, where a public official is implicated in a criminal case, if the case falls within the scope set out in Article 33 (Grounds for Disqualification) of the State Public Officials Act, such as the confirmation of a sentence of imprisonment without labor or heavier, or the confirmation of a fine of one million won or more in connection with a sexual offense, the official may be automatically processed as retired without a separate disciplinary procedure.

In order to prevent such a serious disadvantage, a prompt and active response from the early stage of the investigation is essential.

Where a person is implicated in multiple criminal cases at the same time, each charge is not only assessed individually but may also serve as grounds for aggravated punishment, so the initial response is more important than anything.

The criminal law specialist attorneys at Daeryun Law Firm closely analyze the issues of each charge from the early stage of a case, and establish a tailored response strategy that takes into account the structure of the evidence and the direction of the investigation, providing systematic assistance.

If you need a defense against punishment for intrusion upon habitation in a situation such as the above, please 🔗make a legal consultation reservation and request assistance.