Criminal Complaint | Charged Through a Complaint With Intrusion Into a Structure and Searching a Room but Received a Suspended Sentence

For the crime of intrusion into a structure to be established, the following requirements must be satisfied.

· It must be a structure under another's management or possession

A structure means a building used by people for residence or for business, commercial operation, storage, or the like, such as a house, an office, a commercial premises, or a factory.

What matters is not necessarily who the legal owner is; if there is a person who in fact controls and manages the space at present, it is recognized as "another's structure."

For example, a leased office also falls within this category.

· One must enter without justifiable reason

This applies to a case in which a person without authority to enter does so without permission.

It includes not only the act of physically breaking down a door and entering but also a case of entering by misusing an access pass or by fabricating a false reason.

However, if there is a justifiable reason, such as the performance of a public duty, the illegality may be precluded.

· There must subjectively exist an intent to intrude

As in a case where one mistakenly takes the wrong path and briefly sets foot inside, the crime is difficult to establish where there is no intent.

However, as in this case, where the purpose of entering while feigning to be an employee is clear, the intent to intrude is recognized.

If a criminal complaint is filed and the crime of intrusion into a structure is established, the following level of punishment may be imposed.

Article 319 of the Criminal Act (Intrusion Upon Habitation, Refusal to Leave)

The crime of searching a room is a more specific and serious offense than intrusion into a structure, and it is established when, beyond intrusion, a person carries out a search inside a room.

· One must intrude upon another's room

A room refers to an individual space within a structure where a particular person's living or work takes place, such as a residence or an office.

For example, an individual desk space within a company office or a private research room may fall within this category.

· One must rummage through or search belongings such as documents and equipment

Merely entering and remaining in another's room is insufficient; there must be an active search, such as viewing documents, opening drawers, or checking a PC or materials.

Therefore, as in this case, where one only took photographs and did not actually rummage through belongings, it can be argued that the crime of searching a room is not established.

If a criminal complaint is filed and the crime of searching a room is established, the following level of punishment may be imposed.

Criminal Act Article 321 (Search of Residence or Body)

In this client's case, the attorney specializing in criminal matters provided assistance as follows.

· Explaining the motive for the offense

It was emphasized that the client acted out of a desire to reassure their family.

Through this, it was explained that the offense was not committed with any intent to obtain economic gain.

· Denying the charge of searching a room

By securing CCTV footage and statements from the scene, it was proven that the client merely sat at a desk and took photographs and never touched or searched any materials.

On this basis, it was firmly argued that the crime of searching a room was not established.

· Submitting materials showing remorse and minimization of harm

A handwritten letter of reflection and a written pledge against reoffending, demonstrating the client's deep remorse, were submitted.

In addition, a letter of appeal from the family and psychological counseling records were used to highlight the low risk of reoffending.

· Emphasizing first-time offender status and family circumstances

It was established through documents and statements that the client was a first-time offender with no prior record, and that some family members have disabilities, making the household's livelihood difficult in the client's absence.

Furthermore, it was proven by submitting an employment contract that the client had already found a new job and was working diligently, and it was emphasized that there was no concern of reoffending.