Police Determine No Property Damage Charges After Case Law Analysis
A teenage female middle school student who was handed over to the prosecution after removing a flyer attached to an apartment elevator mirror was cleared of charges following supplementary police investigation.
On the 7th, the Yongin Eastern Police Station in Gyeonggi announced that it had notified the prosecution on the 25th of last month of the supplementary investigation results with a recommendation not to prosecute A on charges of property damage. Subsequently, the prosecution made a final decision not to indict A around the 5th of this month. A was accused of removing an unauthorized posting attached to the mirror while riding the elevator to her home in an apartment in Yongin City on May 11. At the time, A reportedly removed the posting because it obstructed her view while she was looking in the mirror.
Ms. A is accused of removing an unauthorized notice that was posted on the elevator mirror in her apartment in Yongin City on May 11. JTBC 'Case Manager'
The posting was put up by the apartment residents' self-governing organization to collect residents' opinions on defect repairs and was understood not to have received posting approval from the management office. Nevertheless, the police at the time judged A’s act to meet the requirements for property damage and referred the case to the prosecution. In addition, a resident in his 60s, B, who also removed the posting, and the management office head C, who covered the problematic posting with another posting, were also referred together.
At the time, A’s mother expressed her grievance through JTBC’s 'Case Manager.' She reportedly contacted the investigating officer because she could not accept the situation. When she asked, "Why did you determine that A was guilty?" she received the reply, "There is no 'justification for illegality' for that act, so we decided to refer the case. The charge is clear. The act itself meets the elements of property damage as defined in the Criminal Act. (Your daughter) is of an age to be responsible for her actions. She is not a juvenile exempt from prosecution."
After A’s side raised the issue through the National Petition System and other channels, the higher authority, the Gyeonggi Southern Police Agency, judged that there were additional considerations in the case and decided on a supplementary investigation in consultation with the prosecution. After analyzing about 80 related precedents, the police changed their opinion to 'no charges' citing that the posting was obstructing the function of the mirror inside the elevator and that A and others lacked intent to cause damage. A police official explained, "After additional investigation of the suspect and witnesses and reviewing the legal principles, we concluded that the property damage charge does not apply."
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