Mokpo Law Firm Assistance Case | A Client Charged With Intrusion, Non-Prosecution

The circumstances of the client who came to the Mokpo law firm to request assistance are as follows.

After finishing all of the day's work, the client drank alcohol with a colleague at a restaurant.

As the conversation with the colleague went on, the gathering continued to a third venue, and the client ended up drinking beyond his usual capacity.

After the gathering ended and while heading home, the client, unable to properly steady himself, entered a private academy operated by the victim without permission and fell asleep.

The victim, who discovered this through CCTV, reported it to the police, and the client was ultimately booked on suspicion of unlawful intrusion.

🔗Intrusion upon habitation The client came to the Mokpo law firm to seek advice from a criminal defense attorney who had handled many such cases and to defend against punishment.

The crime of intrusion upon habitation refers to a criminal act that is established when a person intrudes upon another's residence, a managed structure, a vessel or aircraft, or an occupied room.

If this charge is recognized, a person may be punished under the following provision.

※ Where the crime of intrusion upon habitation is committed by displaying the collective force of a group or a crowd or while carrying a dangerous object, the crime of special intrusion upon habitation is established, which is punishable by imprisonment for not more than five years.

In cases of intrusion upon habitation, it is often unclear whether a crime has occurred.

This means that outcomes may range widely, from a light disposition to a heavy one.

Accordingly, anyone involved in this charge may benefit from promptly consulting a specialized attorney to prepare a thorough response.

The Mokpo attorney provided systematic assistance so that a settlement with the victim could be reached.

First, the attorney fully understood the victim's position and proposed a practical settlement plan that took the circumstances into account.

As a result, the client and the victim were able to reach a settlement, and the attorney emphasized that the victim submitted a statement of no wish for punishment.

On the day of the incident, the client had drunk more than usual and became heavily intoxicated, and while wandering in that intoxicated state, he entered the academy building operated by the victim.

This was an accidental occurrence and was by no means intentional or planned.

We emphasized that the incident occurred in the early morning hours, that there was no one inside the academy building, and that the degree to which the peace of the premises was actually disturbed was very minor.

While the elements of the crime and the punishment for unlawful intrusion are clear, an attorney's professional interpretation can be important depending on the circumstances.

It may be advisable to assess whether the client's entry was unlawful and whether exceptions such as self-defense or necessity could apply, and then to establish a suitable defense strategy.

Daeryun responds by forming a task force of 🔗criminal defense attorneys who have handled many unlawful intrusion cases, organizing the direction of statements and establishing a strategy tailored to the client.

If you are involved in an unlawful intrusion case and need the assistance of a specialized attorney, please entrust your case through a 🔗legal consultation booking.