An employee of a logistics subcontractor, who was fined 50,000 won at the first trial on charges of stealing and eating a Choco Pie and a custard snack at the company, also claimed innocence on appeal. The presiding judge was reportedly seen giving a wry laugh, saying, "Times are harsh, but do we really have to go this far?"
At the first appellate hearing of the theft case of A (41), held on the 18th under the Jeonju District Court Criminal Division 2 (Director General Kim Do-hyeong), the judge said, "If you look closely at the case, it's that the person took and ate a 400-won Choco Pie and a 650-won custard," adding, "Times are harsh, but do we really have to go this far? In any case, on appeal we will examine whether the theft charge is established in this case."
A was indicted on suspicion of taking out and eating one Choco Pie and one custard from a refrigerator in the office of a logistics subcontractor in Wanju County, North Jeolla Province, at about 4:06 a.m. on Jan. 18 last year. A argued, "Delivery drivers at the logistics company usually said, 'There are snacks in the refrigerator, so you can have some,'" but the first-instance court determined there was intent to steal and imposed a fine of 50,000 won.
At the appellate hearing that day, A's attorney submitted a thick opinion brief to the court and said, "Even though the amount at issue is small, we brought this to the appellate court because we believed there was a problem in that regard."
The attorney continued, "Next to the office refrigerator is an open area with a water dispenser, and it was a space that subcontractor employees routinely used naturally, so one could not help but be mistaken that there was consent (to eat)," adding, "Even on the CCTV, the defendant shows no hesitation when entering the office."
A's attorney said, "Drinks and snacks were items in an open area; insisting that one obtain permission for each and every one of these…" and added, "If the intent was truly to steal snacks, wouldn't one take the whole box rather than take one Choco Pie and one custard like this?"
He went on, scratching his head, "Honestly, what is this even about…" and argued, "It makes no sense to say the intent to steal is established when they told people to eat snacks if they were hungry."
The judge said, "While the defendant's conduct was not malicious, we will examine whether there are legal issues," and allowed the examination of both witnesses requested by the attorney. The second appellate hearing will be held on Oct. 30.