[Asia Economy Reporter Kim Daehyun] An octogenarian who was prosecuted for property damage after scratching the upstairs neighbor's front door with a broomstick due to noise conflicts between floors was shown leniency by the court. Consideration was given to the fact that she had been raising her son, who suffers from mental health issues, alone for decades.
According to the legal community on the 20th, Judge Go Soyeong of the Seoul Central District Court Criminal Division 25 recently sentenced Ms. A (80, female), who was charged with property damage, to a fine of 500,000 KRW with a one-year probation.
Earlier, on March 5th around 10 p.m., Ms. A was brought to trial for repeatedly hitting and denting the metal front door of the upstairs apartment with the plastic handle of a broomstick, claiming that the upstairs resident continuously caused noise disturbances in the apartment she lived in, located in Jung-gu, Seoul.
Article 366 of the current Criminal Act stipulates that "Anyone who damages or conceals another person's property, documents, or electronic records, or otherwise impairs their utility, shall be punished by imprisonment for up to three years or a fine of up to 7 million KRW."
In court, Ms. A's lawyer admitted, "She acknowledges scratching the front door out of anger over the noise between floors," but argued, "The damage did not impair the utility of the front door, so the charge of property damage does not apply." Ms. A pleaded for leniency, stating, "I have been protecting my son, who suffers from a mental disorder, without letting him step outside the house for 30 years."
The court recognized Ms. A's guilt, stating, "The multiple scratches on the front door cannot be considered minor damage that could occur during normal use." It further explained, "It is sufficiently proven that the defendant physically damaged the front door, and the fact that the victim did not replace the door afterward does not affect the establishment of the property damage charge."
However, the court added, "Considering that the degree of damage in this case is relatively minor, and that the defendant is raising a son with a mental disorder," and "taking into account all sentencing factors, including the fact that she is a recipient of livelihood benefits and is in severe financial hardship."
In 2015, the National Assembly passed an amendment to the Criminal Act, known as the 'Jean Valjean Act,' allowing probation to be granted even for fines. Article 62, Paragraph 1 of the current Criminal Act states, "When sentencing imprisonment or detention of up to three years or a fine of up to 5 million KRW, the execution of the sentence may be suspended for a period of one to five years."
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