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INSIGHTS

[ Criminal_Law ] Intellectual, Special, Violent Crime (Suspension of Indictment l Larceny & Trespassing l Prosecution
2021.11.22

1. Overview

The client was drunk and entered the house of his friend by pressing the door lock password, and stole an object worth of 100,000 won. The client was a job seeker who wish to become a civil servant and worried about getting criminal charge.

 

2. Applicable Law

Criminal Act

Article 329 (Larceny)

A person who steals another’s property by trespassing upon residence, guarded dwelling house, structure or ship or occupied room at night, shall be punished by imprisonment for not more than ten years.

 

Article 319 (Intrusion upon Habitation, Refusal to Leave)

  1. A person who intrudes upon a one’s residence, guarded building, structure or ship or occupied room, shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.

 

3. Assistance of Counsel

In this case, there was a CCTV footage of the client breaking into his friend's house, so it was difficult to deny the accusation. In fact, the client truly admitted his fault and reflected himself. Therefore, Lawyers tried their best to request suspension of indictment avoid a criminal offense.

 

In response, the lawyers proved that; ① the client apologized to the victim and returned all the stolen objects, ② the client broke into the victim's house during the day, ③ no criminal record and ④ the client is admitting his fault to focused on getting less sentencing for his case.

 

4. Outcome

As a result, the prosecutor decided to suspend the prosecution on charges such as trespassing and finally, the client was able to avoid criminal punishment and record.

 

5. Significance of the Outcome

Although the client committed the crime accidentally while drunk, the act of breaking into another person's residence and stealing property itself was not a light crime. So if the client had to face the trial, he could have been heavily punished. Fortunately, the client visited Law-Win in the right time and the lawyers were able to provide more help from the beginning of the case. As such accidental crime, if you admit the charge, you can achieve better results if you take this seriously and respond early.

 

Therefore, if you are involved in a criminal case and are in danger of being punished, it would be wise to consult an attorney at an early stage and take an appropriate response.

 

Attorney Bae, Kyongmin, Park, Su-jin, Kim, Jeong-hun and Woo, Ji-won