Crime of Property Damage

① Another Person's Property

The crime of property damage legally constitutes Destruction of property, which damages another person's possessions.

The another person's property referred to here includes not only individuals but also all property owned by a third party, such as a company or institution.

It includes tangible objects such as automobiles, electronic appliances, buildings, and public facilities, as well as documents or electronic records that have a certain utility.

By contrast, when a person damages his or her own property, the crime is not established.

② Intent

When another person's property is broken or damaged simply by mistake, the crime is not established.

The presence of intent means that the person damaged another person's property while aware that he or she would intentionally cause the loss of the property's utility.

The Supreme Court has held that the crime of property damage does not necessarily require a planned intent to cause damage.

Even when the act was not planned, the crime may be established if the person recognized that the property's utility would be lost against the owner's will.

For example, even if a person did not break the object on purpose, the crime is established when the person acted while fully aware that the object would be damaged.

③ Actual Damage

For the Destruction of property to be established, physical damage must occur to the object.

The damage referred to here means not merely a change in outward appearance but a state in which the use value or function of the object has declined.

The crime of destruction of a public-interest structure punishes the intentional destruction or damaging of a building or facility used for the public interest (a public-interest structure).

Here, a 'structure that serves the public interest' means a residence or a similar building used for a public-interest purpose, and it is included whether it is owned by the State or by a private individual.

However, under Article 141, Paragraph 2 of the Criminal Act, a structure used by a public office falls outside its scope of application.

Aggravated destruction is one of the result-aggravated crimes of destruction under the Criminal Act, and it applies when a person commits the Destruction of property or the crime of destruction of a public-interest structure and, in doing so, endangers the life or body of a person.

In simple terms, it covers a case where the act of damaging property injures a person or leads to a person's death.

The crime of special destruction is a crime of destroying another person's property and the like while acting together as an organization or a group, or while carrying a dangerous object.

Unlike simple Destruction of property, it is punished more severely because it involves the use of collective force or is carried out by dangerous means.

▶ Criminal Act Article 366

▶ Criminal Act Article 367

▶ Criminal Act Article 368 (Aggravated Destruction)

▶ Criminal Act Article 369

General Criteria

Daejeon District Court, Judgment of July 8, 2021, 2021 Gojeong 445

Incheon District Court, Judgment of April 9, 2025, 2024 Gojeong 1971

If you have been reported, it is very important to promptly establish the circumstances in which your conduct occurred.

You should specifically recall and organize when, where, what object, and how it was damaged.

You should also secure objective evidence such as photographs and videos of the damaged object and witness statements.

If what the victim asserts differs from your memory or the evidence you have secured, you should specifically organize the differences between the two sides and prepare so that there are no contradictions in your statement.

Reaching an amicable settlement with the victim can help reduce criminal punishment.

To do this, you should first accurately calculate the repair or replacement cost of the damaged object, and on that basis clearly convey your intention to compensate the victim.

Even if a settlement is not reached, you should prepare to engage sincerely in the legal procedures that follow.

In a series of legal procedures such as the police investigation, appearance before the prosecutors, and the court trial, you should prepare accurate and consistent statements based on the facts.

You should cooperate actively with the procedures, for example by submitting the documents and evidence required by the investigating agency or the court in a timely manner.

Reversing your statement or making false statements may work against you, so you should avoid this and respond calmly without letting emotions take the lead.