Court: "Fine is too light"
6 months imprisonment with 2 years probation
A couple in their 40s who broadcast various noises, including ghost sounds, to the upstairs neighbors as retaliation for noise complaints between floors appealed their fine but ended up receiving a harsher sentence with imprisonment.
On the 31st, Yonhap News reported that the 4th Criminal Appeals Division of the Daejeon District Court (Chief Judge Gu Chang-mo) overturned the original sentence of a 7 million won fine each for the couple, who were charged with violating the Stalking Punishment Act and the Minor Offenses Act, and sentenced the husband, A (41), to six months in prison with a two-year probation. In addition to a 100,000 won fine, he was ordered to undergo probation and attend 40 hours of stalking treatment lectures. The wife, B (41), had all her appeals dismissed, and the original fine was upheld.
The couple, living in an apartment in Yuseong-gu, Daejeon, judged that the upstairs neighbors were causing noise between floors and retaliated by broadcasting noises such as "death metal" (an intense music genre) and ghost sounds from November 12, 2021, to January 1, 2022. They purchased equipment such as speaker amplifiers and were found to have searched the internet for "music for revenge against noise between floors." Additionally, they were prosecuted for writing the names of the children living upstairs on the apartment elevator, receiving a summary order with a 5 million won fine.
The first trial court stated, "Considering the significant suffering of the victims and neighbors, and the fact that the victims did not forgive them, the guilt is not light. However, the defendants admitted to the crime and showed remorse, and aside from one previous fine each, they have no other criminal records."
The second trial court explained the sentencing rationale, saying, "Although charged with stalking crimes, considering the mental damage caused to the upstairs family, including children, the couple's actions are not much different from bodily injury under criminal law. We judged the fine to be too light."
In fact, it is known that many people use subwoofer speakers, which are dedicated to reproducing low frequencies, for the purpose of retaliating against noise complaints between floors, like the couple A. When searching for subwoofer speakers on portal sites, related search terms such as noise between floors appear.
The problem is that such acts can be subject to punishment. The Stalking Punishment Act, enacted in October 2021, defines stalking as acts that cause anxiety and fear against the will of the other party. It considers not only objects but also acts that deliver writings, words, symbols, sounds, pictures, videos, and images as stalking. If it is proven that retaliatory noise complaints between floors using subwoofer speakers caused anxiety or fear, it can be subject to punishment under the Stalking Punishment Act.
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