You can be punished for vandalism and destruction of property while intoxicated... How should you respond?

The crime of property damage is committed when physical force is exercised over an object with the knowledge of infringing on all or part of the utility of another person's property, thus harming the utility of the object for its original purpose. In other words, the key to establishing a crime of property damage is ‘intention.’ If you damage someone else's property by simple mistake, it does not constitute a crime and you cannot be punished.

So, would this charge apply even if you damaged someone else's property while drunk? First of all, the answer to that question is ‘yes’. Even if you are drunk and cannot remember, legal judgments are made through evidence.

In addition, since the crime of property damage is not a crime of pro-reporting or a crime of impunity against the will (a crime that requires a complaint from the victim), the investigation can proceed even if the victim does not want to be punished. If the charges are applied and you are punished, you can be imprisoned for up to 3 years or fined up to 7 million won in accordance with Article 366 of the Criminal Act (Damage of Property, etc.).

I would like to introduce a case that I actually worked on. Suspect A, while intoxicated, struck a neighbor's vehicle parked in the parking lot of his apartment several times with his foot. As a result, the vehicle was damaged and expensive repair costs were incurred.

Mr. A learned that he had committed the crime only after receiving a call from the police the next day. At the time, the scene of Mr. A's crime was captured on CCTV at the scene. In response, Mr. A contacted the victim and offered an apology along with the cost of repairs, and he thought this would put an end to the incident. However, the case was transferred to the prosecution and was in danger of being handed over to trial.

During the prosecution investigation stage, we actively appealed that an agreement had been reached with the victim. After securing the victim's statement of leniency that he did not want criminal punishment for Mr. A, this was delivered to the prosecution. As a result, Mr. A was able to receive a non-indictment.

Attorney Lee Dong-geun of Daeryun Law Firm said, “What is important in property damage crimes is ‘agreement.’ This is because agreement with the victim is judged as a sentencing factor for reduced sentences in criminal proceedings. In particular, with regard to agreement, it is necessary to secure accurate data such as conversation details or deposit details between the parties.”

[View full article]
You can be punished for vandalism and destruction of property while intoxicated... How should you respond? (Shortcut)