Note Mentioning 'Head Smashed' Over Noise Dispute... Court Rules as Intimidation, Fines Issued

Anxiety Spread Through Warning Notices and Memos... 800,000 Won Fine
Partial Acquittal in First Trial Overturned to Full Conviction on Appeal

A woman in her 50s who posted a noise complaint notice containing threatening language toward her apartment neighbors was fined in the appellate court.

A woman in her 50s who posted a noise complaint notice containing threatening language toward her apartment neighbors was fined in the appellate court. (Photo for illustrative purposes only and unrelated to the article)

According to the legal community on July 19, the Seoul Central District Court Criminal Appellate Division 8-1 (Presiding Judges Cha Seunghwan, Choi Haeil, and Choi Jinsuk) sentenced Ms. A, who was indicted on charges of intimidation, to a fine of 800,000 won. The court found her guilty, taking into account that she repeatedly posted messages that could cause anxiety among her neighbors in common areas used by many residents.

In November 2021, Ms. A attached warning notices with threatening language to the doors of several units on the same line as her own in the apartment building where she lived, as well as in the elevator. The notices at that time included phrases such as, "Tonight, I can really understand why stabbings happen over noise between floors," and, "I don't want to suspect or hate my neighbors."

Subsequently, in June and December 2023, Ms. A was also found to have left notes on the front door of the upstairs unit in the same apartment building, stating, "Noise and violence caused by noise disputes no longer feel like someone else's problem," and, "We're both home all day, so let's be careful before someone gets their head smashed."

The court of first instance found that the warning notice posted by Ms. A in 2021 did not constitute intimidation and acquitted her of that charge, recognizing only the remaining notes as guilty and sentencing her to a fine of 700,000 won.

However, the appellate court reviewed the wording and overall circumstances of the warning notices written by Ms. A and found her guilty on all counts, increasing the fine to 800,000 won.

In its ruling, the appellate court stated, "In our society, there have been numerous cases where conflicts over noise between floors have escalated into serious crimes such as murder," and explained, "In this context, the phrase 'I can understand stabbings' not only expresses sympathy for the perpetrator of such crimes but also suggests that the person making the statement might commit a similar act."

The court further noted, "Considering that the warning notice with this language was posted in a shared area, that the expression clearly targeted specific households, and that the content was provocative and could induce fear, it cannot be dismissed as a mere expression of opinion or protest."

The court concluded, "The defendant instilled fear among residents on the same line, including households with children, by implying specific harm, thereby fulfilling the requirements for the crime of intimidation."