A Coquitlam man accused of keying 43 cars - but who was sentenced to a single count of mischief - had his appeal dismissed last month.
Soo Yo Kim has already served a one-day sentence but sought to reduce his three-year probation and vary his conditions, which he said are too strict and do not allow him to attend church activities.
The B.C. Court of Appeal disagreed, saying the period of probation and the terms imposed were satisfactory given the fact Kim had been charged with similar crimes before.
Kim was sentenced to one year probation in 2006 over a case the sentencing judge said was identical to his latest conviction. He was also convicted of shoplifting from a Save-On-Foods store in 2009.
"Clearly, the prior probation period of one year had been insufficient to dissuade Mr. Kim from a repetition of the conduct," Justice Christopher Hinkson wrote in his reasons for judgment. "In focusing on the public need for protection, the judge concluded that [Kim's] personality was such that he was unlikely to refrain from the same kind of conduct for which he was sentenced if left unsupervised."
As part of his probation, Kim must reside at his parent's home in Coquitlam and has a 6 a.m. to 10 p.m. curfew unless travelling to and from work or with a parent. He must regularly report to a probation officer and must stay out of all Save-On-Foods stores.
Kim was arrested in 2008 after Vancouver police, acting on a tip, watched a suspect near E. 6th Avenue and Renfrew Street in Vancouver until he keyed a vehicle. Police approached him but the suspect took off. He was later tracked down with the help of a police dog.
Kim was charged with 43 counts of mischief but was acquitted on all but one count. Investigators believed at the time that Kim may have had a grudge against ICBC.
In 2005, Kim was also charged with 27 counts of mischief in connection with a rash of keyings in Burnaby but was later convicted on just two counts and sentenced to a year's probation.
