Ansan Attorney Consultation | Destruction of Property Over Noise Between Floors, Suspension of Indictment Through an Ansan Attorney Consultation

Through the consultation at the Ansan office, the attorney was able to closely examine the circumstances of the client's case.

The client was a university student preparing to become a public official and was living alone in an apartment.

According to the client, severe noise from the unit above had been a problem from two years earlier, when the client first began residing there.

Whenever the noise occurred, the client visited the upstairs unit and politely raised the issue, but rather than improving, the situation only grew worse.

On the day of the incident as well, noise that was unbearable continued while the client was studying, so the client visited the unit twice.

However, although the other party was at home, the door was not opened, and the client, angered by this, ended up damaging the intercom and the front door.

Through these circumstances, the client came to face the risk of punishment for the crime of destruction of property and accordingly requested legal assistance from the Ansan attorney.

The charge against the client who requested a consultation with the Ansan attorney was 🔗Destruction of property.

Destruction of property refers to damaging another person's object to the extent that it can no longer be used for its original purpose, or rendering it temporarily unusable.

In this regard, the crime is established only when there is an intent to destroy, that is, willfulness.

This means that accidentally damaging another person's object does not constitute destruction of property under the Criminal Act.

Conversely, no matter how small the loss, if the act was carried out with the intent to destroy, the crime of destruction of property is established, and the offender may be punished.

When the crime of destruction of property under the Criminal Act is established, the offender is subject to imprisonment for up to three years or a fine of not more than seven million won.

The client actively compensated the victim for the property damage the victim had sustained.

Afterward, believing that the victim had been left with an indelible wound, the client even moved to a different apartment.

Accordingly, the Ansan criminal law specialist attorney strongly argued that the client was making efforts to repair the harm.

The client delivered a letter of apology to the victim, written with sincere remorse.

The client argued that the victim likewise accepted the apology and reached an amicable settlement.

Unable to overcome the stress and anger from inter-floor noise that had continued for two years, the client impulsively came to commit the offense at issue.

On this basis, the Ansan criminal law specialist attorney requested leniency, emphasizing that this offense was not planned.

In this case, the client, who had been stressed by noise between floors and damaged the upstairs neighbor's front door and other items, faced the risk of punishment and visited the 🔗Ansan attorney.

The client received a suspension of indictment and was able to defend against punishment.

A suspension of indictment refers to a prosecutor's decision not to indict, even though the offense is established, after taking into account factors such as the suspect's age, character and conduct, environment, and the motive and means of the offense.

At Daeryun LLC, we use the litigation database accumulated over time to promptly derive a response approach suited to the client's case.

If you are someone who needs legal assistance such as the matter above, you may 🔗request a legal consultation with the Ansan attorney.