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Practice Areas

Arson

Arson is an offense established by setting a fire. When a person sets a fire and burns a building or object, arson is established, and it is a serious crime that causes harm to the life, body, and property of the public.

CONTENTS
  • 1. Arson | Definition
  • 2. Arson | Types
    • - Arson of an Inhabited Structure
    • - Arson of a Public Structure
    • - Arson of a General Structure
    • - Arson of a General Object
  • 3. Arson | Punishment Standards
    • - Level of Punishment
    • - Sentencing Guidelines
  • 4. Arson | How a Suspect Should Respond
    • - Situation Analysis and Securing Evidence
    • - Establishing a Defense Strategy
    • - Responding to Investigation and Trial Procedures
    • - Responding to Civil Liability for Damages
  • 5. Arson | How a Victim Should Respond
  • 6. Arson | Finding the Response Difficult?

1. Arson | Definition

Arson definition practice area of the criminal group

Arson is an offense established when a person sets fire to a building in which people live, a building for public use, a general object, a train, a streetcar, an automobile, a vessel, an aircraft, an underground mining facility, or the like.

Because it causes large-scale loss of life and damage to property, arson is treated as a serious crime, and its statutory penalty is also set heavily.

Not only criminal punishment but also civil liability to compensate for property damage may follow.

2. Arson | Types

Arson is classified into various forms.

Even where a person sets fire to an object of his or her own ownership but, as a result, the fire spreads to an object owned by another and becomes arson, the offense of arson may be established.

The offense is also established where a person commits arson against a building, train, automobile, vessel, or the like that is used for public or common purposes.

Arson of an Inhabited Structure

This is an offense established when a person sets a fire and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility that is used by people for residence or in which people are present.

Where this causes injury to or the death of a person, the offender is subject to aggravated punishment.

Arson of a Public Structure

This offense is established when a person sets fire to and burns a structure used for public purposes or for the public interest, or a train, streetcar, automobile, vessel, aircraft, or underground mining facility.

Arson of a General Structure

This offense is established when a person sets fire to and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility other than those described under arson of an inhabited structure and arson of a public structure.

In addition, even where a person sets fire to a general structure owned by themselves, they may be punished for arson of a general structure if doing so creates a public danger.

Arson of a General Object

This offense is established when a person sets fire to and burns an object other than those described under arson of an inhabited structure, arson of a public structure, and arson of a general structure, thereby creating a public danger.

For this offense as well, even where a person sets fire to a general structure owned by themselves, they may be punished for arson of a general object.

3. Arson | Punishment Standards

Main practice areas of criminal attorneys relating to arson

Arson is provided for in the Criminal Act, and the levels of punishment are as follows.

Level of Punishment

▷ Arson of an Inhabited Structure, etc.

Criminal Act Article 164① Life imprisonment or imprisonment with labor for at least 3 years
② Where a person is caused bodily injury, life imprisonment or imprisonment with labor for at least 5 years; where a person is caused to die, the death penalty, life imprisonment, or imprisonment with labor for at least 7 years

▷ Arson of a Public Structure, etc.

Criminal Act Article 165

Life imprisonment or imprisonment with labor for at least 3 years

▷ Arson of a General Structure, etc.

Criminal Act Article 166 ① Imprisonment with labor for a definite term of at least 2 years
② Where a person burns an object owned by themselves and thereby creates a public danger, imprisonment with labor for not more than 7 years or a fine not exceeding 10 million won

▷ Arson of a General Object

Criminal Act Article 166 ① Imprisonment with labor for at least 1 year and not more than 10 years
② Where the object is owned by the person themselves, imprisonment with labor for not more than 3 years or a fine not exceeding 7 million won

▷ Obstruction of Fire Extinguishing

Criminal Act Article 169

Imprisonment with labor for not more than 10 years

What is obstruction of fire extinguishing?

This refers to concealing or damaging facilities or objects used for fire extinguishing, or otherwise obstructing fire extinguishing. The charge of obstruction of fire extinguishing may also apply where a person obstructs fire trucks, firefighters, and others entering to suppress a fire.

Sentencing Guidelines

General Criteria

▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense or the motive for the offense

▷ Where the actual damage is minor

▷ Mental and physical weakness

▷ The victim's wish not to punish or recovery of the damage

▷ Passive participation

▷ Efforts to extinguish the fire or otherwise prevent the spread of damage

▷ Where the defendant also suffered serious bodily injury as a result of the arson

▷ Sincere reflection

▷ No record of criminal punishment

Arson of an Inhabited Structure, etc. Causing Injury/Death

▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense or the motive for the offense

▷ Minor injury

▷ Where the result of death did not arise from the defendant's direct act

▷ Dolus eventualis as to homicide

▷ Mental and physical weakness

▷ Voluntary surrender

▷ The victim's wish not to punish or recovery of the damage

▷ Efforts to extinguish the fire or otherwise prevent the spread of damage

▷ Where the defendant also suffered serious bodily injury as a result of the arson

▷ Sincere reflection

▷ No record of criminal punishment

4. Arson | How a Suspect Should Respond

Arson is an offense that may lead to serious property damage and loss of life, and it requires careful response at each stage.

Beyond criminal punishment, civil liability must also be considered, so verifying the specific facts and establishing a defense strategy are important.

Situation Analysis and Securing Evidence

To determine whether arson is established, it is first necessary to clearly distinguish whether the act was intentional arson or a negligent fire caused by fault.

Objective materials related to the case should be gathered, and the cause of the fire and the surrounding circumstances before and after should be examined closely.

It is also necessary to specifically confirm the scope of the property damage and loss of life resulting from the fire in order to accurately organize the facts.

Photographs and video of the scene: materials capturing the condition of the building immediately after the fire, traces of entry, and the point of ignition

CCTV: confirming movement routes or nearby individuals during the time period before and after ignition

Witness statements: securing statements from third parties who witnessed the scene can serve as important material for determining whether intent existed.

Establishing a Defense Strategy

Centering on the point that there was no intent to commit arson, it may be argued that the fire was caused by negligence.

In particular, it is important to prove that there was no fact of intentionally obstructing fire extinguishing activities, or, even if there was an act of obstruction, to emphasize that intent was lacking.

In addition, factors that may be considered in sentencing, such as efforts to recover the damage, the motive for the offense, and an attitude of reflection, should be organized so that the defense strategy is constructed in a direction that increases the possibility of leniency.

Responding to Investigation and Trial Procedures

At the investigation stage, maintaining consistency between the contents of the written statement and one's testimony is important.

Unfavorable confessions or statements based on conjecture should be avoided, and the investigating authority's questioning should be handled with care.

At the trial stage, the absence of intent and grounds for consideration should be argued systematically on the basis of the evidence secured earlier, and testimony in court should also proceed calmly in accordance with the prepared content.

Tip)

It is advisable to avoid impromptu answers to the evidence or questions presented by the investigating authority and to maintain consistency in one's statements.

Responding to Civil Liability for Damages

Property damage or loss of life resulting from arson may be subject to a civil claim for damages, separately from criminal punishment.

To respond to a claim for damages filed by the victim, it is necessary to prepare materials that can objectively prove the cause of the fire, the presence or absence of liability, and the scale of the damage.

In addition, efforts to settle with the victim, the presentation of a compensation plan, and whether the matter is handled through insurance also act as important considerations, so they need to be examined thoroughly in advance.

Points to note when settling: it is advisable to expressly set out the specific amount of the settlement money, the method of payment, the timing of payment, and whether future civil and criminal liability is waived, and to keep this in writing.

5. Arson | How a Victim Should Respond

When you have suffered harm from arson, securing evidence promptly and systematically is more important than anything else.


All materials that can prove the fact of harm, such as photographs of the fire scene, video, and witness statements, should be carefully collected and preserved.


Report to the police immediately upon confirming the harm, and after reporting, it is necessary to maintain accurate and consistent statements throughout the investigation process.

Item

Specific Content and Strategy

Confirming the scale of the damage

Accurately ascertaining and recording the scope of property damage and loss of life caused by the fire

Securing evidence

Systematically collecting and preserving objective evidence such as scene photographs and video, CCTV footage, and witness statements

Reporting to the police and giving statements

Promptly reporting to the police and stating the facts clearly and consistently during the investigation

Settlement and compensation negotiations

When seeking restoration of the damage and compensation for loss, reviewing the possibility of a settlement matched to the scale of the damage, and clearly documenting the conditions when settling

Preparing a legal response

Where necessary, preparing materials to objectively prove the fact of the harm and the amount of loss for a civil claim for damages

6. Arson | Finding the Response Difficult?

Daeryun arson practice area response methods

Daeryun Law Firm cooperates with its own Evidence Investigation Center to lawfully collect and thoroughly review evidence, including CCTV analysis and on-site forensic examination.

In addition, it assists with the preparation of statements and the establishment of strategy from the investigation stage, and collaborates with civil attorneys to prepare a response suited to the case in order to address civil claims for damages linked to the criminal case.

During the trial process, it supports the recovery of damage and settlement procedures, and provides tailored assistance to increase the possibility of leniency through the preparation of a letter of reflection and the organization of sentencing materials.

If you are facing punishment for arson and are finding the response difficult, we encourage you to consult with a criminal attorney at Daeryun Law Firm.

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