CONTENTS
- 1. The client who came to the Gyodae criminal attorney
- - Gyodae attorney recommendation, the circumstances of coming to the Gyodae criminal attorney
- 2. The relevant statute as explained by the Gyodae criminal attorney
- 3. The Gyodae criminal attorney's assistance
- - Gyodae criminal attorney argues that the client has a mental illness
- - Gyodae attorney recommendation, arguing that the client is deeply reflecting
- - Gyodae criminal attorney argues that no casualties occurred
- 4. The court's decision on the Gyodae criminal attorney's arguments
- 5. If you need the assistance of the Gyodae criminal attorney
1. The client who came to the Gyodae criminal attorney
The client who came to the Gyodae criminal attorney came to the criminal attorney at the Gyodae office to request a consultation in order to proceed with the case together with a specialist attorney.
Gyodae attorney recommendation, the circumstances of coming to the Gyodae criminal attorney
The client in this case went to a park one day when a strong wind was blowing.
Out of a small curiosity about 🔗arson, the client took out a lighter.
At first the client set fire only to a few strands of straw, but, unable to restrain the impulse, set fire with the lighter to a pile of straw in the park's flower bed.
The arson in this case burned the bases of 2 trees, and the spreading fire destroyed a flower bed of about 10 pyeong.
The client destroyed their own property in a park used by an unspecified number of people, thereby creating a public danger.
Had the fire not been extinguished by the firefighters dispatched to the scene, it could have spread to nearby apartments and officetels and created a public danger.
The client came to the Gyodae criminal attorney in order to reduce the sentence as much as possible with the help of a specialist attorney.
2. The relevant statute as explained by the Gyodae criminal attorney
Article 167 (Arson of General Property)
① A person who sets fire to and burns property other than that listed in Articles 164 through 166, thereby creating a public danger, shall be punished by imprisonment for at least 1 year but not more than 10 years.
② Where the property under paragraph 1 belongs to the offender,
Supreme Court Case 2009Do7421
Even where a person sets fire to a pile of trash on the street, the person may be punished in accordance with the crime of arson of one's own general property.
3. The Gyodae criminal attorney's assistance
The Gyodae criminal attorney analyzed the circumstances favorable and unfavorable to the client and established a strategy.
The attorney argued the following and requested leniency for the client.
Gyodae criminal attorney argues that the client has a mental illness
The client has no particular physical ailment, but has received mental health treatment since childhood.
From the fourth grade of elementary school, the client was distracted during class and could not concentrate.
As a result of visiting a hospital after experiencing such symptoms, the client was diagnosed with ADHD.
Accordingly, the attorney emphasized that this offense was not a planned offense but an impulsive offense stemming from a mental illness.
Gyodae attorney recommendation, arguing that the client is deeply reflecting
The client has, belatedly, come to realize how blameworthy a crime their conduct was and is reflecting on it.
The attorney emphasized that, although no actual harm occurred, the client is deeply repentant that innocent citizens could have suffered great harm because of the client's offense.
Gyodae criminal attorney argues that no casualties occurred
Fortunately, the flames spread only to the trees in the flower bed and the fire was extinguished before long, so no greater harm occurred.
Because the flames did not spread fiercely or catch onto other flammable objects, no casualties occurred at all.
In addition, the attorney emphasized that the property damage was limited to scorching of the flower bed and the complete burning of the trees, a level that the client's family was fully able to compensate.
4. The court's decision on the Gyodae criminal attorney's arguments
The court, accepting the Gyodae criminal attorney's arguments, ruled as follows: ‘The defendant is sentenced to 6 months of imprisonment. However, the execution of the above sentence is suspended for 1 year from the date this judgment becomes final.’
5. If you need the assistance of the Gyodae criminal attorney
At Daeryun Law Firm, specialist criminal attorneys with experience serving as judges, prosecutors, and police officers jointly take charge of criminal cases, allowing the firm to respond to criminal cases with greater expertise.
Daeryun Law Firm responds to cases based on a wide range of case experience.
If you need the assistance of a specialist attorney in a situation similar to the above case, please visit Daeryun Law Firm, which offers consultation and urgent response 365 days a year, 24 hours a day.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
