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Q

Criminal specialist attorney, please check if my property damage compensation case can be established

法律知识浏览量64,191

While operating my factory, I received notice that I exceeded emission standards. It's hard to judge whether it's a measurement error or an actual violation. I'm worried this could lead to administrative disposition or even criminal punishment — can I respond with help from an environmental specialist attorney?

criminal specialist attorney

property damage

A

相关咨询的解答

Hello. This is the criminal specialist attorney at Daeryun Law Firm (LLC).

Property damage includes not only tangible property such as other people's cars, store furniture, items, and buildings, but also intangible property. Broadly speaking, deleting files on a computer can also be included in property damage. The most important issue in property damage is "intentionality."

When you act knowing that you will damage another's property and aware of the result, and when damage occurs against the victim's will, the relevant charge is recognized.

Therefore, you should work with this attorney to prove the fact that there was "intentionality," which is the main issue of the establishment requirement, so that you can receive civil damage compensation.

Therefore, the questioner's case appears to be possible not only for the crime of property damage but also for civil litigation regarding property damage.

According to Article 366 of the Criminal Act, anyone who damages, conceals, or otherwise harms the utility of another's property or special media records such as electronic records is subject to imprisonment of up to 3 years or a fine of up to 7 million won.

If you intentionally hide or damage property knowing that the vehicle will be damaged, it naturally falls under the crime of property damage.

Therefore, please establish a strategy to receive damage compensation based on criminal punishment and punishment results through the assistance of a criminal specialist attorney, and actively respond to damage recovery for the case.

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