First Trial Fine of 2 Million Won → Acquittal in Second Trial
Court: "Restoration Likely Easily Achieved by Car Wash"
A man in his 40s who was fined in the first trial for throwing filth on another person's car parked over the line in an apartment complex parking lot (property damage) was acquitted in the appellate trial.
The 5th Criminal Appeals Division of Daegu District Court (Presiding Judge Kim Sang-yoon) overturned the first trial's verdict of a 2 million won fine and acquitted office worker A (42), who was indicted on charges of property damage, the Yonhap News Agency reported on the 20th. A was charged with throwing leftover mackerel pike canned fish about 30 to 40 cm long on the hood of a G80 passenger car parked in the ground parking lot of an apartment in Gyeongsan, Gyeongbuk, on March 18 last year.
At the time, he was intoxicated and was throwing away trash when he saw a vehicle belonging to a resident of the same apartment parked without respecting the parking lines. Dissatisfied, A was investigated to have committed this act. The victim and the investigative agency submitted an estimate totaling 5.34 million won, including 805,000 won for steam car wash and vehicle parts replacement costs during the trial. However, the court stated, "There is no evidence to believe that a steam car wash was actually performed or that vehicle parts were replaced due to the lack of receipts." Regarding the reason for the acquittal, the court explained, "Considering the amount, area, scattering form, and shape of the filth thrown, it seems that the car was easily restored by a (machine) wash," and added, "There is no evidence that the filth affected the vehicle's use and function, required paint or parts replacement, or made it impossible to operate the vehicle due to the smell."
Meanwhile, in September, a man in his 70s who scribbled on a car's glass for parking without permission in front of his office was sentenced to a suspended fine. At that time, the Chuncheon District Court Criminal Division 1 (Judge Shin Dong-il) announced that B (71), indicted for property damage, was sentenced to a 500,000 won fine with a one-year suspended sentence.
B is accused of damaging the victim's Genesis vehicle by writing "Move parking phone" with a magic marker on the front windshield of the car for parking without permission in front of his office in a parking lot in Gangwon Province last November. B wrote the same phrase not only on the front windshield but also on the driver's door glass and the rear driver's door glass. The court explained the sentencing reason, stating, "The defendant admitted his wrongdoing, the victim's unauthorized parking partially provoked the crime, and the reduction in the passenger car's utility was not significant."
The Anti-Corruption and Civil Rights Commission revealed that complaints related to "parking conflicts on private property" submitted to the National Sinmungo increased nearly 153 times over ten years, from 162 cases in 2010 to 24,817 cases in 2020.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
