Destruction of Property
Destruction of property refers to the act of impairing the utility of another person's property, documents, or special media records such as electromagnetic records by damaging, concealing, or otherwise affecting them.
A person who commits destruction of property is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million.
Types of Destruction of Property
The types of destruction of property are as follows.
- Destruction of property, etc.: A person who impairs the utility of another's property, documents, or special media records such as electromagnetic records by damaging, concealing, or other means is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million.
- Destruction of a structure for public use: A person who destroys a structure used for the public benefit is subject to imprisonment for up to 10 years or a criminal fine of up to KRW 20 million.
- Aggravated destruction: Where a person commits either of the above two offenses and thereby endangers the life or body of another, the person is subject to imprisonment for not less than 1 year and not more than 10 years. In addition, if it results in bodily injury, the person is subject to fixed-term imprisonment for not less than 1 year, and if it results in death, the person is subject to fixed-term imprisonment for not less than 3 years.
- Special destruction: Where a person commits the offense of destruction of property, etc. by displaying the collective power of a group or multitude or while carrying a dangerous object, the person is subject to imprisonment for up to 5 years or a criminal fine of up to KRW 10 million. In addition, where a person commits the offense of destroying a structure for public use by the same means, the person is subject to fixed-term imprisonment for not less than 1 year or a criminal fine of up to KRW 20 million.
- Encroachment on a boundary: A person who makes the boundary of land unrecognizable by damaging, moving, or removing a boundary marker or by other means is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 5 million.
In addition, attempts to commit the offenses of destruction of property, etc., destruction of a structure for public use, and special destruction are also punishable.
Elements of the Offense of Destruction of Property
The elements required to establish the offense of destruction of property are as follows.
- The item must belong to another person
- There must be intent
- Property, documents, or special media records such as electromagnetic records
- An act that impairs utility by damaging, concealing, or other means
The Item Must Belong to Another Person
In the offense of destruction of property, the phrase "another person's item" means an item owned by another person.
If ownership belongs to another person, the offense of destruction of property applies even if you are the one in possession of the item.
For example, where another person cultivates crops on your land without authorization and you arbitrarily pull them up, there is a precedent holding that this constitutes destruction of property because the crops are owned by that other person(Supreme Court 70Do82)
There Must Be Intent
Because destruction of property is defined in the Criminal Act, under Article 13 (Intent) of the Korean Criminal Act, the offense is not established unless intent is proven.
However, even where the Criminal Act does not apply, civil law still applies, so a civil claim for damages remains possible.
Property, Documents, or Special Media Records Such as Electromagnetic Records
The property, documents, or special media records such as electromagnetic records referred to in the offense of destruction of property are applied very broadly.
Property : tangible objects as well as manageable energy
Documents : documents that have usefulness or utility with respect to a right or a fact
Special media records : records created as computer records
Because pets are legally regarded as property, harming another person's pet may be punishable as destruction of property.
In the case of documents, the scope of documents themselves is broad, but for another element of the offense of destruction of property—an "act that impairs utility"—to be established, the document must have usefulness or utility for an "act that impairs utility" to arise, so the scope within the offense of destruction of property is limited.
Special media records include not only the records contained within them but also the medium that holds those records.
An Act That Impairs Utility by Damaging, Concealing, or Other Means
In the offense of destruction of property, within the act of impairing utility by damaging, concealing, or other means, "damaging" refers to any and all acts that bring about a change in the condition of an object by directly exercising physical force.
In other words, it includes not only breaking an object to the point where it can no longer be used, but also rendering it incapable of satisfying its original purpose of use.
In addition, both permanent damage and temporary damage are included in the offense of destruction of property.
For example, where a person briefly digs up a rubber hose connected to a well that serves as a water pipe so that water cannot flow through it, there is a precedent applying the offense of destruction of property on the ground that its utility was impaired.(Supreme Court 70Do2378)
In the offense of destruction of property, "concealing" means hindering the discovery of property so that it cannot be used for its original purpose.
The "other means" in the offense of destruction of property refers to acts that impair utility by methods other than damaging or concealing.
For these, the actual circumstances, and the emotional circumstances are important.
For example, teaching offensive words to a parrot kept by another person, or smearing filth on dishware so that a person no longer wants to use it for emotional reasons, may also constitute destruction of property.
However, in such cases, the determination is made by taking various circumstances into account.
Attorneys Specializing in Destruction of Property Cases
Destruction of property is not regarded as a particularly serious offense.
In practice, most cases of destruction of property are concluded through summary proceedings.
However, because it is an offense that can result in imprisonment, where the matter is serious, consultation with a criminal defense attorney is essential.
