CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Gwangju Criminal Attorney
- 2. Statutes Relating to the Case, Explained by the Gwangju Criminal Attorney
- 3. The Gwangju Criminal Attorney's Assistance
- - The Gwangju Criminal Attorney Argues That the Client Was Intoxicated
- - The Gwangju Criminal Attorney Argues That the Client Is Deeply Remorseful
- - The Gwangju Criminal Attorney Argues That the Client Has a Family to Support
- 4. The Court's Determination on the Gwangju Criminal Attorney's Arguments
- - If You Need the Help of a Gwangju Criminal Attorney
1. The Client's Situation
The client was involved in a negligent fire.
To resolve the case, he came to the criminal attorney at the Gwangju office.
How the Client Came to the Gwangju Criminal Attorney
The client in the case arrived home intoxicated after a dinner gathering in the evening.
Going to the wardrobe to change into comfortable clothes, the client noticed that there was lint on his wife's clothing.
To remove it, he lit a lighter and cleanly removed the lint.
In this process, the clothing caught fire, but the intoxicated client did not realize this and placed the clothing in the wardrobe as it was and went out to the living room.
As the flames gradually spread and were burning the other clothes and the ceiling, the sprinkler, which detected the smoke from the fire, activated and extinguished the fire.
A negligent fire is a crime that may entail unpredictable and enormous harm, and the courts punish it severely.
The client therefore requested the assistance of the Gwangju criminal attorney in order to reduce the sentence as much as possible.
2. Statutes Relating to the Case, Explained by the Gwangju Criminal Attorney
Negligent Fire
Criminal Act Article 170 (Negligent Fire)
(1) A person who, by negligence, burns an object described in Article 164 or 165, or an object described in Article 166 that is owned by another, shall be punished by a fine of up to 15 million won.
(2) A person who, by negligence, burns an object of his own described in Article 166 or an object described in Article 167 and creates a public danger shall also be punished as prescribed in paragraph (1).
Criminal Act Article 171 (Negligent Fire in the Course of Business, Gross Negligent Fire)
A person who commits the crime under Article 170 by occupational negligence or gross negligence shall be punished by imprisonment without labor of up to 3 years or a fine of up to 20 million won
Arson
Criminal Act Article 164 (Arson of an Inhabited Structure, etc.)
(1) A person who sets fire to and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility that is used as a dwelling by a person or in which a person is present shall be punished by life imprisonment or imprisonment of at least 3 years.
(2) If a person commits the crime under paragraph (1) and causes bodily injury to another, he shall be punished by life imprisonment or imprisonment of at least 5 years. If he causes death, he shall be punished by the death penalty, life imprisonment, or imprisonment of at least 7 years.
Criminal Act Article 165 (Arson of a Public Structure, etc.)
A person who sets fire to and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility used for public use or for the public interest shall be punished by life imprisonment or imprisonment of at least 3 years.
Criminal Act Article 166 (Arson of a General Structure, etc.)
(1) A person who sets fire to and burns a structure, train, streetcar, automobile, vessel, aircraft, or underground mining facility other than those described in Articles 164 and 165 shall be punished by imprisonment for a definite term of at least 2 years.
(2) A person who burns an object of his own under paragraph (1) and creates a public danger shall be punished by imprisonment of up to 7 years or a fine of up to 10 million won.
Criminal Act Article 167 (Arson of a General Object)
(1) A person who sets fire to and burns an object other than those described in Articles 164 through 166 and creates a public danger shall be punished by imprisonment of at least 1 year and up to 10 years.
(2) If the object under paragraph (1) is owned by the person himself, he shall be punished by imprisonment of up to 3 years or a fine of up to 7 million won.
Criminal Act Article 174 (Attempts)
An attempt to commit the crime under Article 164(1), Article 165, Article 166(1), Article 172(1), Article 172-2(1), or Article 173(1) and (2) shall be punished.
Click ▶ Types and Punishment of Negligent Fire
3. The Gwangju Criminal Attorney's Assistance
The Gwangju criminal attorney analyzed the case closely together with the client.
He then assisted the client by devising a systematic strategy suited to it.
The Gwangju Criminal Attorney Argues That the Client Was Intoxicated
The Gwangju criminal attorney argued that the client was intoxicated and did not realize that there was a fire, and that, had he not been intoxicated, he would have immediately noticed the fire and taken appropriate measures.
The Gwangju Criminal Attorney Argues That the Client Is Deeply Remorseful
The Gwangju criminal attorney argued that the client was deeply self-reproachful and repentant and wrote a letter of apology over the fact that his carelessness had caused a fire that could have caused great harm to the life and property of himself as well as others.
The Gwangju Criminal Attorney Argues That the Client Has a Family to Support
The Gwangju criminal attorney argued that the client supports his spouse, a young son, his mother, and even his mother-in-law, and that if the client cannot look after them financially and emotionally, they would have difficulty even maintaining their daily lives.
4. The Court's Determination on the Gwangju Criminal Attorney's Arguments
The court accepted the Gwangju criminal attorney's arguments and imposed a relatively light 'fine'.
If You Need the Help of a Gwangju Criminal Attorney
At Daeryun Law Firm, criminal attorneys jointly take exclusive charge of criminal cases, allowing the firm to respond to criminal matters in a more professional manner.
If you need an attorney's assistance, please come to Daeryun Law Firm, which offers consultation and urgent response 365 days a year, 24 hours a day.
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