Destruction of Property

For the crime of destruction of property to be established, the following requirements must be met:

▶ Requirements for Establishment

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 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.

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 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 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.

Level of Punishment for Destruction of Property and the Like

Level of Punishment for Destruction of a Public-Interest Structure

Level of Punishment for Aggravated Destruction

Level of Punishment for Special Destruction

Level of Punishment for Attempts

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.

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.

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.

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.

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.

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.

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.