"Come Out Quickly, Open the Door"... 40s Fined for Kicking Upstairs Neighbor's Front Door Over Noise Dispute
First Trial Fine 5 Million Won → Appeal Trial Fine 3 Million Won
A man in his 40s who kicked the front door of his upstairs neighbor's house multiple times due to noise complaints was fined.
On the 20th, the Chuncheon District Court Criminal Division 2 (Presiding Judge Lee Young-jin) overturned the original sentence and sentenced Mr. A (46), who was indicted for attempted trespassing, to a fine of 3 million won, down from 5 million won.
On July 20, 2022, Mr. A visited his upstairs neighbor's apartment in Wonju, Gangwon Province, over noise issues. He was prosecuted for shouting "Come out quickly, open the door" in front of the neighbor's door, kicking the front door multiple times, and attempting to enter the house but failing.
The Wonju Branch of the Chuncheon District Court, which handled the first trial, stated, "The defendant's actions of knocking on the front door several times by hand for about 10 minutes, kicking the door, and shouting constitute objectively risky behavior that disturbs peace," and sentenced him to a fine of 5 million won. However, Mr. A appealed the verdict.
He claimed, "There was a water leak from the upstairs, so I rang the doorbell and knocked to discuss a solution, but there was no response, so I left without any intention to trespass."
The appellate court did not accept Mr. A's claim. The appellate court pointed out, "Despite the serious nature and circumstances of the crime, the defendant has not sincerely reflected on his actions."
However, since Mr. A was sentenced to one year in prison for violating the Stalking Punishment Act and the sentence was finalized, the appellate court overturned the original ruling for legal reasons and re-determined the sentence.
Under criminal law, crimes for which a prison sentence or higher has been finalized and crimes committed before that sentence is finalized are called consecutive crimes, and if a sentence has been finalized for some of the crimes, the sentence for the remaining crimes can be reduced or exempted.
Meanwhile, in the past, simple noise disputes between floors were mostly punished under the Minor Offenses Act, but since the Stalking Punishment Act came into effect in October 2021, cases applying this law to noise disputes between floors have increased.
The Stalking Punishment Act imposes a penalty of up to three years imprisonment or a fine of up to 30 million won if continuous and repetitive acts cause anxiety and fear to the other party. If the stalking crime is committed while carrying or using a weapon or other dangerous object, the penalty is up to five years imprisonment or a fine of up to 50 million won.
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Therefore, when a noise dispute between floors occurs, parties should be cautious not only about visiting in person but also when making phone calls or sending text messages. Last month, a villa resident who retaliated with noise using tools or sound devices late at night due to dissatisfaction with noise between floors became the first case in which the Supreme Court confirmed a guilty verdict under the Stalking Punishment Act.
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