Assistance from a Jeju Attorney Office | A Client Facing Multiple Charges, Including Attempted Arson of an Inhabited Structure, Obtains a Non-Prosecution Disposition

The client is in a legally married relationship with the victim but began living separately one month before the incident occurred.

Angered when the victim avoided his calls, the client went to the victim's residence.

The client struck the door lock of the front entrance of the victim's residence several times with a 30 cm-long hoe and broke it.

The client even went so far as to threaten the victim as if to inflict harm on the victim, hurling profanities and attempting to strike her.

In addition to this, the client attempted to set fire to the door lock of the victim's residence with a lighter; however,

because the flames did not spread and the fire went out after burning only a part of the door lock, the act remained an attempt.

The client had committed multiple offenses and was in a situation in which it would be difficult to avoid punishment.

How did the Jeju attorney office resolve the case?

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 used for the residence of, or in which, another person is present shall be punished by imprisonment for life or for not less than 3 years.

(2) When a person commits the crime under paragraph (1) and thereby causes bodily injury to another person, the person shall be punished by imprisonment for life or for not less than 5 years. When the person causes death, the person shall be punished by death, imprisonment for life, or imprisonment for not less than 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 (公用) purposes or for the public interest shall be punished by imprisonment for life or for not less than 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 not less than 2 years.

(2) A person who burns an item under paragraph (1) that belongs to the person and thereby causes danger to the public shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 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 thereby causes danger to the public shall be punished by imprisonment for not less than 1 year and not more than 10 years.

(2) When the object under paragraph (1) belongs to the person, the person shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 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.

The Jeju attorney office emphasized that, apart from the circumstances and motive of the case,

the client deeply regretted and was showing remorse for the fact that the client had damaged the door lock of the victim's residence and caused the victim mental distress.

The Jeju attorney office emphasized that the client was 84 years old, had long suffered from kidney disease, and had recently been diagnosed with dementia.

Because of the decline in the client's cognitive function, the client forgot that he was not allowed to approach the victim,

and the office emphasized that the client had committed the act in question with the intention of bringing the victim back home.

The Jeju attorney office emphasized that the client had no prior record of the same type of offense, nor any criminal record at all, and that there was therefore no risk of reoffending.

The office also emphasized that the client's son was paying closer attention and greater care to the client so that the same incident would not happen again.

At Daeryun, attorneys specializing in criminal matters jointly handle criminal cases, allowing the firm to respond to criminal matters in a more specialized manner.

If you need the assistance of an attorney specializing in criminal matters, please contact Daeryun, which maintains a consultation system available throughout the year.