Deals & Cases

Nighttime Residential Burglary
Nighttime Residential BurglarySuspension of Sentencing

Assistance From a Busan Criminal Attorney | Client Charged With Nighttime Residential Burglary Successfully Defends a ‘Suspension of Sentencing’

The client committed nighttime residential burglary and faced the risk of a heavy punishment.

The client therefore requested the assistance of the Busan criminal attorney.

1. The Client's Situation

Busan Criminal Attorney

The client intruded into the victims' dormitory rooms and stole the victims' belongings.

Seeking to reduce the sentence as much as possible, the client requested the help of the Busan criminal attorney.

How the Client Came to the Busan Criminal Attorney

The client in this case lived in the same dormitory as the victims and became close with them.

One day, the victims went on a two-day, one-night trip to another region and left the dormitory empty.

Knowing this, the client took advantage of the time while the victims were away on their trip and secretly intruded into the room where the victims lived.

On a total of three occasions, the client stole various items, such as the victims' cosmetics and an electronic cigarette, without reason.

Because the courts punish the offense of nighttime residential burglary heavily, the client was also placed in a situation where it was difficult to avoid a heavy punishment.

Seeking to reduce the sentence as much as possible and to avoid an actual custodial sentence, the client came to the Busan criminal attorney.

2. Statutes Relevant to the Case, Explained by the Busan Criminal Attorney

Intrusion Upon Habitation

What Is Intrusion Upon Habitation?

An offense committed when a person intrudes into another's residence, a managed structure, a ship or aircraft, or an occupied room, or fails to comply with a demand to leave such a place

Criminal Act, Article 319 (Intrusion Upon Habitation)

A person who intrudes into another's residence, a managed structure, a ship or aircraft, or an occupied room shall be punished by imprisonment for not more than three years or a fine of not more than 5 million won.

Criminal Act, Article 330 (Nighttime Residential Burglary)

A person who, at night, intrudes into another's residence, a managed structure, a ship, an aircraft, or an occupied room and steals another person's property shall be punished by imprisonment for not more than 10 years.

3. The Busan Criminal Attorney's Assistance

Busan Criminal Attorney

The Busan criminal attorney analyzed what circumstances were favorable and unfavorable to the client and prepared appropriate countermeasures.

The Busan criminal attorney made the following arguments.

Busan Criminal Attorney, Arguing That the Client Was Deeply Remorseful

The Busan criminal attorney argued that the client admitted the entire offense, felt guilt toward the victims and bitterly regretted the offense, resolved to live honestly and never break the law under any circumstances, and prepared a letter of apology.

Busan Criminal Attorney, Arguing That the Client Had Moved Out of the Dormitory

The Busan criminal attorney argued that, in order not to commit the same wrong again, the client compensated the victims for their loss and moved out of the dormitory, so that there was no risk of reoffending whatsoever.

Busan Criminal Attorney, Arguing That the Client Committed the Offense Impulsively

The Busan criminal attorney argued that the client was heavily intoxicated at the time of the incident, that the client's capacity for normal judgment and discernment was greatly diminished, and that the offense was committed somewhat impulsively.

4. The Court's Determination on the Busan Criminal Attorney's Arguments

The court accepted the Busan criminal attorney's arguments and made a ‘suspension of sentencing’ decision.

If You Need the Help of a Busan Criminal Attorney

At Daeryun Law Firm, criminal attorneys jointly handle criminal cases, allowing the firm to respond to criminal cases in a more professional manner.

If you need the assistance of a criminal attorney, please reach out to Daeryun Law Firm.

울산형사변호사 조력 | 야간주거침입절도 의뢰인, ‘선고유예’ 방어 성공

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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