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Will I be punished for the crime of arson of an inhabited structure?
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While smoking near my house, I thoughtlessly threw a cigarette butt on the ground. But.. apparently the fire was not properly put out, and a fire broke out in the villa next to my house (in tears). Everyone evacuated together, so there was no loss of life, but.. the owner of the villa said they would file a complaint against me for the crime of arson of an inhabited structure.. Am I subject to criminal punishment?
Crime of arson of an inhabited structure
Answer to Related Inquiry
Author: 박동일
Hello. This is an attorney specializing in criminal law at Daeryun Law LLC.
The crime of arson of an inhabited structure is a crime that is established when a person sets fire to a structure that a person uses as a residence or in which a person is present.
This crime is established when fire is set to structures such as trains, streetcars, automobiles, and ships, and because it poses a threat to human life, a high level of punishment is imposed.
If the fire occurred because you discarded a cigarette butt, whether you had the intent to commit arson will determine the level of punishment.
If there was intent, the crime of arson is established, and if it was a mistake, the crime of negligent fire is established.
The crime of arson of an inhabited structure is punishable under the Criminal Act by imprisonment for life or for at least 3 years, and the crime of negligent fire by a fine of up to 15 million won.
Based only on the content of your question, since there was no loss of life, the degree of harm is not great, and if you prove that there was no intent to commit arson, it appears there is a possibility of avoiding a custodial sentence.
An attorney specializing in criminal law will collaborate with an evidence examination center to prepare a strategy that can prevent a custodial sentence for you.
If you want to escape the risk of punishment, please request a consultation now.
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