Did Not Pay for 1,500 Won Snack, but "Intent to Steal Unclear"... Constitutional Court Rules Suspension of Indictment Unconstitutional

Charged with Theft for Unpaid 1,500-Won Snack, Suspended Indictment Issued
Constitutional Court Cancels Decision, Stating "No Intent to Commit Theft"

The Constitutional Court has ruled that "it cannot be conclusively determined that there was intent to steal" in the case of a teenager who received a suspension of indictment for failing to pay for a snack worth 1,500 won at an unmanned ice cream store. The court unanimously accepted the constitutional petition, stating that the prosecution's action violated the right to equality and the pursuit of happiness.

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According to the legal community on January 5, the Constitutional Court recently accepted a constitutional complaint filed by an individual surnamed Kim, who challenged the suspension of indictment issued by the Ansan Branch of the Suwon District Prosecutors’ Office. The court stated, "It is difficult to definitively conclude that the petitioner had the intent to steal, yet the respondent (the prosecutor) issued a suspension of indictment on the premise that the crime of theft was established," adding, "There was a significant investigative deficiency or an error in the assessment of evidence that affected the decision."

After graduating from high school, Kim was attending a college entrance exam prep academy and was investigated on suspicion of taking a bag of snacks worth 1,500 won from an unmanned ice cream shop without paying at around 10:32 p.m. on July 24 of last year. At the time, Kim selected four ice creams and a snack, headed to the self-checkout, but only paid 3,050 won for the ice creams and a plastic bag.

It was also pointed out that Kim left an 800-won ice cream on top of the freezer without putting it back, resulting in the product melting. The store owner reported the incident to the police, citing the unpaid snack and the loss from discarding the melted ice cream. Kim paid 100,000 won as a settlement, and the store owner submitted a settlement agreement and requested leniency.

During the police investigation, Kim stated, "I forgot to pay for the snack because I was listening to music with my earphones in." Kim had no prior criminal record or history of criminal punishment.

Nevertheless, the prosecution issued a suspension of indictment, stating that Kim failed to pay for items totaling 2,300 won. Regarding this, the Constitutional Court, based on the store's CCTV footage, found that "there is no indication that Kim intended to steal only the snack, considering that Kim did not cover their face with a mask while selecting items and paid for some items using a personal debit card."

The prosecution maintained that Kim had intent to steal, arguing that Kim frequently checked their mobile phone inside the store and could have seen the payment confirmation text message but did not make an additional payment. However, the Constitutional Court pointed out, "It is entirely possible that Kim checked the phone for other reasons, such as changing the music being played," and stated, "The mere fact of checking the phone cannot be taken as conclusive evidence of intent to steal."

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