"Unmanned Store Payment Forgetfulness" Theft Charge Deferred... Relief Granted by Constitutional Court

Claimed "Accidentally Didn't Calculate," but Prosecution Deferred
Constitutional Court: "Cannot Consider Intentional Theft"

A person who accidentally took products from an unmanned store without paying was given a suspended prosecution for theft, but the Constitutional Court canceled the prosecution decision, stating that "there was no intent."

According to the legal community on the 10th, around 9 a.m. on March 25 last year, a man took four sandwiches worth a total of 10,200 won from an unmanned store in Anyang City without paying. The police received a report from the store owner and tracked the closed-circuit television (CCTV) footage to identify Mr. Lee as the suspect.

During the police investigation, Mr. Lee claimed that "due to accumulated fatigue and heavy drinking the previous day, I was distracted and accidentally did not pay," asserting that it was not an intentional theft. He also paid for the items later, and the victim store owner submitted a letter of no punishment request.

However, the police sent Mr. Lee to the Anyang branch of the Suwon District Prosecutors' Office with a recommendation for prosecution, and the prosecution also issued a suspended prosecution for theft against Mr. Lee in June last year without further investigation.

A citizen purchasing goods at an unmanned store Photo by Yonhap News

A suspended prosecution means that although the charges are recognized, the suspect is not brought to trial considering various circumstances. While criminal punishment can be avoided, since the investigative agency judged that the crime was established, there may be disadvantages such as disciplinary actions or personnel disadvantages.

Mr. Lee filed a constitutional complaint, and the Constitutional Court, after reviewing the case, ruled unanimously on the 25th of last month to cancel the suspended prosecution decision against Mr. Lee, stating that "the arbitrary exercise of prosecutorial power violated the petitioner (Mr. Lee)'s right to equality and pursuit of happiness."

The Constitutional Court judged it difficult to recognize that the petitioner had intent to steal, based on the fact that Mr. Lee did not cover his face at the time of the incident, scanned each of the four sandwiches at the checkout, and paid normally for coffee purchased before visiting the store.

Meanwhile, although the number of unmanned stores is increasing recently due to reasons such as labor cost reduction, small unmanned stores often rely solely on CCTV installation or locks as crime prevention measures, leading to frequent petty thefts.

According to statistics from the National Police Agency, the number of theft cases at unmanned stores from January to June 2022 was a total of 2,830, averaging 471 cases per month. This number is on the rise every year, and when combined with assaults and property damage, the total number of crimes at unmanned stores is expected to be even higher.

This content was produced with the assistance of AI translation services.