Assistance by a Daegu Attorney's Office | Helping a Client Charged with Larceny and Intrusion upon Habitation Obtain a Suspended Sentence

The circumstances of the client's case, as understood by the Daegu attorney's office, are as follows.

The client's family circumstances were very poor from childhood. Moreover, after marriage, the client's wife developed schizophrenia, and the economic stress caused by medical expenses and the like was considerable.

As a result, the client committed the offense of entering another person's home and stealing cash and goods.

The client entered residences by taking advantage of open windows or front doors, and stole cash, gold rings, pure gold bracelets, and the like from drawers or wardrobes.

Ultimately, the client was reported to the police and brought to criminal trial.

Believing that an immediate custodial sentence was likely to be imposed because of a prior record for the same type of offense, the client urgently came to 🔗Daeryun Daegu Office.

The charges the client is facing are 🔗intrusion upon habitation and 🔗theft. We will explain the relevant statutes.

① Crime of Intrusion upon Habitation

The crime of intrusion upon habitation is an offense established when one enters another's private premises without consent, and, as with the client above, it is often combined with other property crimes such as the crime of theft.

The crime of intrusion upon habitation may be punished by imprisonment for not more than 3 years or a fine of not more than 5 million won.
In the case of special intrusion upon habitation, that is, intrusion upon habitation committed as a group or while carrying a dangerous object, it may be punished by imprisonment for not more than 5 years.

② Crime of Theft

The crime of theft is an offense that punishes the stealing of another person's property.

A person who commits the crime of theft may be punished by imprisonment for not more than 6 years or a fine of not more than 10 million won.

If the crime of theft is committed at night (from 10 p.m. to 6 a.m.), it is punishable by imprisonment for not less than 1 year and not more than 10 years.

The client grew up in an economically difficult family, and the client's mother suffered from mental illnesses such as delusional disorder, anxiety, and nervous breakdown.

As a result, the client grew up almost neglected, without parental care, from childhood, and was raised while being ignored and discriminated against by schoolteachers.

The office requested that the court take into account the upbringing in which the client went through a wayward adolescence in this manner and wished to overcome economic destitution.

The client's wife, too, had to take sole charge of raising their child due to the sudden onset of schizophrenia, and as a result the family was in very destitute economic circumstances.

The office requested that the court take into account the circumstance that the client committed the offense of burglarizing empty homes as a result.

The client feels deep guilt and is deeply reflecting on the fact that, whatever the reason, he committed the offense and caused harm to the victims.

The office emphasized that the client repeatedly conveyed his deep apologies to the victims and, despite his difficult circumstances, made efforts to raise settlement funds, including through a loan in a relative's name, thereby obtaining statements of no wish for punishment from the victims.