Suspension of Indictment Canceled for Student Who Forgot to Pay for a Snack... Will This Become the Next Choco Pie Theft Case?

[The Financial News] A student preparing for university entrance exams who accidentally failed to pay for a 1,500-won snack at an unmanned store was given a suspension of indictment by the prosecution, but the Constitutional Court of Korea has overturned this decision.
According to the legal community on the 5th, the Constitutional Court of Korea recently accepted a constitutional petition filed by a certain Mr. Kim, who challenged the suspension of indictment imposed by the Ansan Branch of Suwon District Prosecutors' Office. The court unanimously ruled that Mr. Kim's rights to equality and the pursuit of happiness had been violated.
The Constitutional Court of Korea stated, "Even though it is difficult to conclude that the petitioner had an intent to steal, the respondent (the prosecutor) issued a suspension of indictment against the petitioner (Mr. Kim) on the premise that theft was established," adding, "There was a significant investigative shortcoming or misjudgment of evidence that affected the decision."
After graduating from high school, Mr. Kim, who was attending a university entrance exam prep academy, was investigated on suspicion of taking a snack worth 1,500 won without paying from an unmanned ice cream store at around 10:32 p.m. on July 24 last year.
On that day, Mr. Kim selected four ice creams and the snack, brought them to the self-checkout, but paid only for the four ice creams and a plastic bag, totaling 3,050 won, leaving out the snack.
He also placed an 800-won ice cream on top of the freezer and did not return it.
The store owner reported to the police, claiming Mr. Kim stole the snack and caused a loss by leaving out one ice cream. Mr. Kim paid 100,000 won to the store owner as a settlement, and the owner submitted a settlement agreement, requesting leniency.
Mr. Kim told the police that he was distracted by listening to music with earphones and forgot to pay for the snack. He had no prior criminal record or history of theft.
Nevertheless, the prosecution issued a suspension of indictment against Mr. Kim. Although he was not brought to trial, the prosecution argued that failing to pay a total of 2,300 won for the items constituted a crime.
The Constitutional Court of Korea reviewed the store’s CCTV footage. Mr. Kim, wearing earphones and not covering his face with a mask, selected items and paid for others with a debit card in his own name. The court noted that there was no evidence suggesting he intentionally failed to pay for the snack or intended to steal it.
On the other hand, the prosecutor maintained that the disposition was appropriate, arguing, "Mr. Kim repeatedly checked his mobile phone and, despite being able to confirm the payment details via text message, did not pay separately for the snack, which proves intent to steal."
However, the Constitutional Court of Korea did not accept this, stating, "It is entirely possible that Mr. Kim checked his phone for other reasons, such as changing the music, and the mere fact that he checked his phone cannot be taken as evidence of intent to steal."
This case has drawn comparisons to the so-called 'second Choco Pie Theft Case.' Previously, prosecutors sparked controversy by indicting a subcontractor employee for theft after he took 1,050 won worth of chocolate snacks from an office refrigerator.
gaa1003@fnnews.com Ahn Ga-eul Reporter