Unclear Intent in Property Damage Crime
"Should Punish" vs "Excessive" Netizens Debate
A story has been shared about a car owner whose repair costs amounted to 800,000 won after minors placed ice cream on the hood of a parked car and disappeared. However, an expert expressed the view that punishment would likely be difficult in this case.
On the 10th, a video titled "Children who left a Jjoojjuba on a parked car" was uploaded to the YouTube channel 'Han Moon-cheol TV.' In the released video, two males who appeared to be minors placed a tube-shaped ice cream on the hood of Mr. A's parked car and then left. The video was reportedly recorded around 2 a.m. on June 29 last year in an apartment parking lot in Gyeyang-gu, Incheon.
They were also seen opening the doors of other cars in the parking lot afterward. The informant, Mr. A, even suspected them, saying, "They seem like car burglars."
Mr. A said, "They placed the ice cream on the hood, and the melted ice cream ran down into the radiator area," adding, "I spent 800,000 won on repairs, including polishing and rental costs."
He continued, "I reported it to the police as property damage. I went around ice cream shops to find the specific store selling that ice cream and provided the information, and I recorded and submitted the apartment CCTV footage, but the police conducted a superficial investigation and closed the case," he lamented.
He asked, "Honestly, I don't understand why they couldn't be caught with that much evidence. It seems the case was hastily closed because it was minor. Is it possible to request a reinvestigation?" Lawyer Han Moon-cheol, the host, responded, "Realistically, even if you request a reinvestigation, it probably won't be accepted."
Lawyer Han said, "We need to see whether placing the ice cream on the car was a prank or intentional. We have to consider whether it can be recognized as property damage with indirect intent," adding, "Even if the culprit is caught, there are some parts lacking to be certain it is a crime."
He further explained, "Although the faces captured on CCTV are clear, it seems difficult to issue a wanted notice. If it were a crime like murder or a hit-and-run accident, the culprit's face could be publicly released. However, for property damage cases like this, issuing a wanted notice is difficult."
Lawyer Han concluded, "That doesn't mean such pranks are allowed. Ultimately, they could face consequences ten or twenty times worse."
In fact, according to Article 366 of the Criminal Act, damaging another person's property can result in imprisonment for up to three years or a fine of up to 7 million won.
Meanwhile, netizens reacted to this incident with comments such as, "Even if they didn't know, they should compensate if they caused damage," "It looks very intentional since they even deliberately turned the direction so the ice cream would flow," and "They should be punished so they don't repeat bad behavior." Some also expressed opinions like, "Leaving a Jjoojjuba was wrong, but the 800,000 won estimate seems excessive."
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