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Q

Criminal defense attorney, could you please review whether I can establish a claim for compensation for property damage?

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Some drunk people were fighting near my car, and as a result my side mirror was broken and the car door was scratched, and it was a complete mess. When I checked my dashcam, their faces were all captured. If I report these people for property damage, how much compensation can I receive? I bought the car not long ago, so I am extremely upset. Really.. Criminal defense attorney, I would really appreciate your response..

criminal defense attorney

property damage

A

Answer to Related Inquiry

Hello. This is a criminal defense attorney at Daeryun Law LLC.

Property damage covers not only tangible property such as furniture, goods, and buildings, like another person's car or store, but also intangible property. Broadly speaking, deleting a file on a computer can also fall under property damage. The most important issue in a property damage case is 'intent', which is a key consideration.

The charge is recognized when a person acts while recognizing that they will damage another's property and knowing the consequences, and when the destruction is carried out against the victim's will.

Therefore, you should work with your attorney to prove the existence of 'intent', which is the key element of the offense, so that you may also obtain civil compensation for the damage.

For this reason, in addition to the crime of destruction of property, your case appears to allow for a civil lawsuit regarding the property damage as well.

Under Article 366 of the Criminal Act, a person who damages or conceals another's property or special media records such as electronic records, or otherwise impairs their utility, is subject to imprisonment for up to three years or a fine not exceeding 7 million won.

If a person intentionally hides or damages property while knowing that the vehicle will be damaged, this naturally constitutes the crime of destruction of property.

Therefore, with the assistance of a criminal defense attorney, you may wish to establish a strategy to obtain compensation based on the criminal punishment and its outcome, and to actively address the case and the recovery of your losses.

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