[Bundang Criminal Attorney's Win in Criminal Litigation] Non-Referral Decision for the Client with the Assistance of the Bundang Criminal Attorney

This is the story of the client who came to the Bundang criminal attorney.

On the day of the incident, the client drank with friends and then returned home.

After arriving, when the client entered the keypad code and the door would not open, the flustered client went outside and tried to climb up the wall to reach the apartment.

While climbing, the client's legs gave out, and the client entered the victim's home to rest briefly.

Afraid of being reported, the client explained the situation, apologized, and left the victim's home. However, the victim's boyfriend learned of this and reported the client to the police for the crime of intrusion upon habitation.

The client therefore requested the assistance of Daeryun's Bundang criminal attorney in order to respond to the criminal litigation related to the crime of intrusion upon habitation.

What is the crime of intrusion upon habitation, as explained by the Bundang criminal attorney?

The crime of intruding upon a residence, a managed structure, a vessel or aircraft, or an occupied room used or managed by a person, or of refusing to comply with a demand to leave such a place (Criminal Act, Articles 319 to 321).

Criminal Act Chapter XXXVI Crimes of Intrusion upon Habitation
■ Article 319 (Intrusion upon Habitation, Refusal to Leave)

(1) A person who intrudes upon a person's residence, a managed structure, a vessel or aircraft, or an occupied room shall be punished by imprisonment for not more than three years or a fine not exceeding five million won.
(2) A person who, upon receiving a demand to leave any of the places in the preceding paragraph, refuses to comply shall be subject to the same punishment as in the preceding paragraph.

■ Article 320 (Special Intrusion upon Habitation) A person who commits the crime of the preceding Article by displaying the collective force of an organization or a crowd, or while carrying a dangerous object, shall be punished by imprisonment for not more than five years.

■ Article 321 (Search of Residence or Body) A person who searches a person's body, residence, a managed structure, an automobile, a vessel or aircraft, or an occupied room shall be punished by imprisonment for not more than three years.

■ Article 322 (Attempts) An attempt to commit a crime under this Chapter shall be punished.

■ Non-prosecution

The act by which a prosecutor does not institute a public prosecution when the case does not constitute a crime, when there is no proof of the crime, or when the requirements for a public prosecution are not met.

The Bundang criminal attorney argued that CCTV footage confirmed that the client entered the victim's home as soon as the client climbed up the wall.

The Bundang criminal attorney argued that the client, having run out of strength, entered the victim's home, which was the floor directly below the client's own residence, and had no intention from the outset of entering the victim's home.

The Bundang criminal attorney strongly argued that, on the day of the incident, the client offered a sincere apology to the victim and deeply reflected on the conduct.