[Chuncheon Criminal Attorney] With the Chuncheon Criminal Attorney's Assistance, the Client Avoids an Imprisonment Sentence for Concurrent Offenses in a Criminal Case

The Chuncheon criminal attorney's client set fire to a doll in his studio apartment, but, startled by the flames, he received water in a basin and put out the fire, and a few minutes later, he entered the unlocked door of the multipurpose room on the floor below and intruded into the structure.

The Chuncheon criminal attorney's client, while driving in an intoxicated state, struck a taxi and inflicted bodily injury on the driver and a passenger, and he obstructed the performance of official duties by hurling abuse at the responding police officer and refusing to be arrested.

A person who commits arson of an inhabited structure or the like shall be punished by life imprisonment or imprisonment for at least three years.

A person who intrudes into a structure or the like shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won.

A person who drives under the influence (blood alcohol concentration of 0.03% to 0.08%) shall be punished by imprisonment for not more than one year or a fine not exceeding 5 million won.

Where the driver of a vehicle inflicts bodily injury through a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or a fine not exceeding 20 million won.

A person who obstructs the performance of official duties shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.

The Chuncheon criminal attorney acknowledged the facts of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury), drunk driving, and obstruction of official duties, and stated that the client was deeply repentant and reflecting on his conduct.

Although the client could not remember because of his intoxication, he was greatly shocked that there were people who had been hurt and harmed by his offenses, and, in order to remedy the harm as quickly as possible, he not only offered a sincere apology but also reached a settlement with all of the victims.

The Chuncheon criminal attorney, however, denied the charges of attempted arson of an inhabited structure and intrusion into a structure.

The client acknowledges that he set fire to the doll and deeply reflects on it; however, he had no intent to commit arson of an inhabited structure, and, because the client lived alone at the residence at the time, the ‘person other than the offender’ that is an objective element of arson of an inhabited structure did not exist.

In addition, because the client himself poured water and put out the fire, there was no ‘act of leaving it in a state in which it could continue to burn.’ Accordingly, the crime of arson of an inhabited structure is not established.

As for the intrusion into a structure as well, he acknowledges the fact that he entered the multipurpose room and is deeply reflecting on it. However, because the multipurpose room is a space that the building owner permitted the tenants, including the client, to use as a whole, it does not run counter to the intent of the structure's manager and therefore does not constitute the act of intrusion under the crime of intrusion into a structure.