CONTENTS
- 1. Destruction of Property | Meaning
- - Requirements for Destruction of Property
- - Distinctions from Other Crimes Confirmed Through Precedent
- 2. Destruction of Property | Related Types of Crimes
- - Destruction of Property
- - Destruction of a Public-Interest Structure
- - Aggravated Destruction
- - Special Destruction
- 3. Destruction of Property | Punishment Standards
- - Level of Punishment
- - Sentencing Guidelines
- 4. Destruction of Property | If You Are a Suspect?
- - Securing Evidentiary Materials
- - Reaching a Settlement with the Victim
- - Cooperating Faithfully with the Investigation
- - Writing a Letter of Reflection and a Letter of Appeal
- 5. Destruction of Property | If You Are a Victim?
- - Securing Evidence
- - Reporting to the Police
- - Preparing a Civil Lawsuit
- 6. Destruction of Property | If a Response Is Difficult?
1. Destruction of Property | Meaning
The crime of destruction of property is a crime established by impairing the utility of another person's property, document, or electronic record through damaging or concealing it.
In other words, not only the act of physically damaging an item but also the act of concealing it or rendering it unusable may constitute the crime of destruction of property.
Requirements for Destruction of Property
For the crime of destruction of property to be established, the following requirements must be met:
▶ Requirements for Establishment
The crime of destruction of property is established only when a person intentionally damages or destroys another person's property. Damage caused by mistake or by an accidental event does not constitute the crime of destruction of property.
2. Property Owned by Another
The damaged object must be owned by another person, and damaging one's own property does not constitute the crime of destruction of property.
3. Damage or Destruction
The crime is established when physical force is exerted on all or part of an object, eliminating or reducing the utility it serves according to its original purpose.
Distinctions from Other Crimes Confirmed Through Precedent
According to Supreme Court precedent, the crime of destruction of property is clearly distinguished from acquisitive crimes such as theft, in that the actor has no intent to economically acquire the property.
The court also held that where the owner's utility is merely restricted through unauthorized use, this does not constitute the crime of destruction of property.
Supreme Court Decision 2022Do1410, Decided November 30, 2022
The act of using or profiting from another person's property without authorization according to its original purpose amounts to acquiring the use value of the object while excluding the owner, and for that reason, even if the owner is thereby prevented from enjoying the utility of the object, the utility itself has not been infringed, so this does not constitute the crime of destruction of property.
2. Destruction of Property | Related Types of Crimes
In addition to the crime of destruction of property, various offenses related to destruction are set out in the Criminal Act according to the public nature of the structure, the dangerousness of the conduct, and similar factors.
Destruction of Property
The crime of destruction of property is a crime established with respect to conduct that impairs the utility of another person's property, document, or special-medium record such as an electronic record, through damaging or concealing it.
In other words, this includes not only physically damaging the item but also the act of rendering the item or record unusable.
Destruction of a Public-Interest Structure
The crime of destruction of a public-interest structure is established when a building, dwelling, or the like used for public interest is destroyed.
Here, a "structure serving the public interest" means a building used for a public purpose, regardless of whether it is state-owned or privately owned, and the act of destroying it is regarded as causing harm to the public interest as a whole and is subject to criminal punishment.
Aggravated Destruction
Aggravated destruction is one of the crimes aggravated by the result under the destruction offenses of the Criminal Act.
It refers to a case in which a person commits ordinary destruction of property or destruction of a public-interest structure and thereby causes danger to a person's life or body, or actually causes bodily injury or death.
Special Destruction
Special destruction is established when a person damages another person's property, documents, electronic records, or the like, or impairs their utility, while displaying the power of a group or a multitude or while carrying a dangerous object.
Because power or a dangerous object is involved, it is judged to pose a greater social danger than ordinary destruction of property and is treated more severely.
3. Destruction of Property | Punishment Standards
The crime of destruction of property and related offenses are subject to different levels of punishment according to the degree of harm and the method used.
Level of Punishment
Level of Punishment for Destruction of Property and the Like
| Article 366 of the Criminal Act | Imprisonment for not more than 3 years or a fine not exceeding 7 million won |
Level of Punishment for Destruction of a Public-Interest Structure
| Article 367 of the Criminal Act | Imprisonment for not more than 10 years or a fine not exceeding 20 million won |
Level of Punishment for Aggravated Destruction
| Article 368 of the Criminal Act | Where a person commits the crime of destruction of property or destruction of a public-interest structure and thereby causes bodily injury to a person, imprisonment for a definite term of at least 1 year; where it results in death, imprisonment for a definite term of at least 3 years |
Level of Punishment for Special Destruction
| Article 369 of the Criminal Act | ① Where a person commits the crime of destruction of property or the like while displaying the power of a group or a multitude or while carrying a dangerous object, imprisonment for not more than 5 years or a fine not exceeding 10 million won |
② Where a person commits the crime of destruction of a public-interest structure by the method under Paragraph 1, imprisonment for a definite term of at least 1 year or a fine not exceeding 20 million won |
Level of Punishment for Attempts
| Article 371 of the Criminal Act | An attempt to commit destruction of property and the like, destruction of a public-interest structure, or special destruction shall be punished. |
Sentencing Guidelines
▷ A motive for the offense worthy of consideration
▷ Where the act of destruction was committed with willful negligence (dolus eventualis)
▷ Where the actual harm is minor
▷ Mental and physical weakness
▷ Voluntary surrender
▷ No desire for punishment or recovery of harm
▷ Sincere reflection
▷ No record of criminal punishment
4. Destruction of Property | If You Are a Suspect?
A person who has become involved in the crime of destruction of property may assume that reaching a settlement with the victim will unconditionally allow the person to avoid punishment; however, a settlement only serves as a mitigating factor that reduces the sentence and does not exempt the person from punishment itself.
A sincere settlement with the victim, together with efforts to prove one's innocence or the absence of intent, may help in resolving the case.
Securing Evidentiary Materials
Evidence that can prove innocence or show the absence of intent should be prepared systematically.
For example, this includes CCTV footage from the time of the incident, statements from on-scene witnesses, and mobile phone call records.
In addition, photographic materials or related documents that can prove the absence of intent may also be used as important evidence.
Reaching a Settlement with the Victim
It is necessary to sincerely apologize to the victim and to discuss the matter of compensation for loss in specific terms.
For example, one may pay the repair costs of the damaged object or propose monetary compensation.
Cooperating Faithfully with the Investigation
When undergoing police and prosecutorial investigation, one should state the circumstances of the case and one's position accurately and honestly.
For example, it is important to explain the time, place, and circumstances at the time of the incident in detail, as one remembers them.
Where a person makes false statements or conceals facts, it may in fact work to that person's disadvantage, so it is important to answer accurately and faithfully.
Writing a Letter of Reflection and a Letter of Appeal
It is advisable to write a letter of reflection that acknowledges one's wrongdoing and expresses the resolve to ensure that the same thing does not recur.
The letter of reflection should describe in specific terms the outline of the case, acknowledgment of one's responsibility, and a pledge to prevent recurrence, and a letter of appeal written on one's behalf by family or acquaintances may also be submitted together.
5. Destruction of Property | If You Are a Victim?
For a victim of destruction of property, it is more important than anything to secure evidence and clearly prove the harm suffered.
Through this, the victim should prepare a legal response and lay the foundation for recovery of the harm and for punishment.
Securing Evidence
Immediately after the destruction of property occurs, the condition of the damaged object should be recorded in detail with photographs or video.
If there is a person who witnessed the incident at the time, it is advisable to obtain their contact information and secure a statement.
In addition, a repair cost estimate or a receipt or quotation that can prove replacement costs should also be prepared.
Reporting to the Police
Immediately upon confirming the fact of destruction of property, it is necessary to report it to the nearest police station or to 112 and to request a formal investigation.
When reporting, it is important to submit as much evidentiary material as possible to enhance the credibility of the case.
During the investigation process, one should maintain an attitude of communicating actively with the police and cooperating faithfully with the investigation.
Preparing a Civil Lawsuit
In the case of destruction of property, one may claim compensation for loss through a civil lawsuit.
When preparing for the lawsuit, all evidence that can prove the fact of the harm and the amount of loss should be organized systematically.
For guidance on the litigation procedure, it is helpful to check with the competent court or a legal counseling agency.
6. Destruction of Property | If a Response Is Difficult?
If you need assistance in connection with a case involving the crime of destruction of property, 🔗please request a legal consultation reservation with a criminal defense attorney.
This law firm includes numerous attorneys with an average of more than 10 years of experience specializing in criminal matters, and it provides systematic and tailored legal assistance from the early investigation stage of a destruction-of-property case through trial.
In particular, through its own evidence investigation and collaboration with a digital forensics center, it closely analyzes key evidence in the case, such as CCTV footage, mobile phone data, and electronic records.
On this basis, it focuses on proving the suspect's innocence or the absence of intent, and in the case of a victim, it secures the evidence necessary for accurate proof of harm and protection of rights.
In addition, where a civil claim for compensation for loss is needed to recover the harm, it collaborates with civil attorneys to provide careful support across the entire process, from calculation of the amount of loss to securing evidence and the litigation procedure as a whole.
Daeryun, the 9th-largest law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides tailored legal services.
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