Deals & Cases

Attempted Special Intrusion upon Habitation, etc.
Attempted Special Intrusion upon Habitation, etc.Non-Disposition

Defense Against a Trespass Complaint | The Client Charged in a Trespass Complaint Received a Non-Disposition Decision

The client who was the subject of a trespass complaint was at risk of punishment. As a result of the criminal attorney's dedicated assistance, the client received a non-disposition decision on the charges, including intrusion upon habitation, and was able to defend against punishment.

1. The Client Who Sought a Consultation After a Trespass Complaint

The client, an elderly person, had been reported for domestic violence in the course of a dispute with his wife and was subject to a restraining order.

In an effort to resolve matters through conversation, the client went to see his wife.

However, during the conversation, the client became angry and reportedly tried to enter the home by striking the front door with the cane he was holding.

In the end, the client was charged with attempted special intrusion upon habitation, special assault, and special destruction of property.

The client and the client's son came to the criminal attorney and requested legal assistance to defend against punishment.

Trespass Complaint-Non-Disposition

The Charges Against the Client Who Was the Subject of a Trespass Complaint

The client was charged with attempted special intrusion upon habitation.

Because the client had committed the offense while carrying a cane, that is, a dangerous object, the client faced the risk of more severely aggravated punishment.

🔗Intrusion upon habitation is punishable by imprisonment for up to three years or a fine of up to 5 million won, and an attempt is likewise punishable.

Because the client also faced charges of special assault and special destruction of property, a heavier sentence was anticipated.

The statutory penalties for special assault and special destruction of property are as follows.

Criminal Act Article 261 (Special Assault)
A person who commits the crime under Article 260 (1) or (2) by displaying the force of a group or multitude, or by carrying a dangerous object, is punished by imprisonment for up to five years or a fine of up to 10 million won.

Criminal Act Article 369 (Special Destruction)
(1) A person who commits the crime under Article 366 by displaying the force of a group or multitude, or by carrying a dangerous object, is punished by imprisonment for up to five years or a fine of up to 10 million won.

2. The Assistance Provided to Defend Against Punishment in the Trespass Complaint

For the client who was the subject of a trespass complaint, the criminal attorney examined the circumstances of the case in detail.

The attorney then made the following arguments and provided dedicated assistance to defend against the client's punishment.

The Client Is of Advanced Age and Shows Symptoms of Dementia

The client is of advanced age and has recently shown symptoms of dementia, attending the hospital and devoting effort to treatment.

The criminal attorney therefore emphasized that the client was unable to think normally due to the effects of old age.

The Client Has Lived an Exemplary Life Without Any Criminal Record

Throughout the client's life, the client has lived diligently without any criminal record.

The attorney also emphasized that the risk of reoffending was low and requested the greatest possible leniency.

3. The Client in the Trespass Complaint Defended Against Punishment Through a Non-Disposition Decision

As a result of the criminal attorney's dedicated assistance, the client received a non-disposition decision and was able to conclude the case without punishment.

The client and the client's son expressed their thanks to the criminal attorney on several occasions.

A Criminal Defense Attorney's Casebook

This case involved an elderly client who had been the subject of a criminal complaint for intrusion upon habitation filed by his wife, and who came to a criminal defense attorney together with his son to respond to the matter.

Although the case carried a risk that several charges might be recognized and result in a heavy sentence, the client was able to defend against punishment with the help of the attorney.

At Daeryun Law Firm, attorneys experienced in criminal matters and registered with the Korean Bar Association develop response strategies suited to each situation and provide active assistance to clients involved in criminal cases.

If you have been the subject of a complaint for intrusion upon habitation as in the case above and need a legal response, please feel free to 🔗request a legal consultation at any time.

주거침입고소

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.

Attempted Special Intrusion upon Habitation, etc.: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney HanSik CHOI

HanSik CHOI

T. 070-5221-2387

criminal lawyer

Attorney BongHa SEO

BongHa SEO

T. 070-7510-1755

Experience as chief prosecutor at Uijeongbu District Prosecutors’ Office and chief prosecutor at Busan West Branch

Attorney HyoJoon KIM

HyoJoon KIM

T. 070-7510-1044

criminal lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Mokpo Criminal Defense Attorney | Defends a Client Charged With Violating the Employee Retirement Benefit Security Act, Concluding the Matter With Non-Prosecution at the Prosecution Stage

Next

Assistance From a Mokpo Damages Attorney | A Mokpo Damages Attorney Successfully Claimed the Full Amount of Damages

View list
Quick Menu

Chat