Calculators & Self-ChecksProsecution Request Estimator

Property damage: statutory penalty and likely requested sentence

The statutory penalty for Property damage and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 3 years in prison or a fine of up to KRW 7 million
Legal basis
Criminal Act, Article 366
Category
Violence

Calculate with your own circumstances

The repair cost or value of the damaged property.

× KRW 10,000
Did you pay for the damage and settle?
Prior violence convictions (fine or heavier)

The number of times you received a fine or a heavier sentence for a violent crime such as injury, assault, intimidation or property damage. A suspension of indictment does not count.

Answer all 3 questions and the estimate appears right away. (0/3)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

    Likely requested sentence
    8 months to 10 months in prison

    If you have 2 or more violence convictions within the last 3 years, including a suspended sentence or heavier, investigation in detention is in practice treated almost as the rule when you use violence again.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    8 months or more in prison

    If the damage is KRW 10,000,000 or more and there is no settlement, a formal trial is usual.

  3. Summary fine

    Likely fine
    KRW 500,000 or more
  4. Suspension of indictment possible

    If you paid for the damage and settled, a suspension of indictment may be considered. Depending on the circumstances, a fine may still be imposed.

Frequently asked questions

Property damage: what is the statutory penalty?
Legal basis: Criminal Act, Article 366. Statutory penalty: Up to 3 years in prison or a fine of up to KRW 7 million.
Property damage: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine, Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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