The so-called "Choco Pie theft trial," which stirred social controversy last year, appears likely to disappear going forward. Prosecutors said they will make appropriate decisions for crimes with minor property damage that align with the public's expectations.
The Supreme Prosecutors' Office said on the 30th it has established and will implement the "guidelines for handling minor property crimes." The guidelines set out cautions for investigating crimes with small property damage and standards for the necessity of criminal punishment. They were prepared by accepting calls from various sectors for greater caution in exercising the state's power to punish and by reviewing multiple legislative examples at home and abroad.
Under the guidelines, minor property crimes are defined among certain property offenses such as theft and embezzlement where the item is a consumable good like food and the damage amount is extremely small. When calculating the damage amount, investigators should fully hear the views of the suspect and the victim and decide based on objective materials.
In addition, the Supreme Prosecutors' Office said it will strictly assess intent when investigating minor property crimes to prevent wrongful suspects. This takes into account the frequent acquittals in court where there was no intent to commit the offense.
The Supreme Prosecutors' Office said that even if a minor property crime was committed, if criminal punishment is not strongly necessary, there are grounds to consider the motive, and there is no risk of reoffending, it will leave open the possibility of a suspension of indictment even if the victim wants punishment. It also said that if the suspect is a person with a disability, a basic livelihood security recipient, or otherwise vulnerable, these will be actively reflected as favorable sentencing factors.
However, to ensure the victim's wishes are not ignored, prosecutors will, in principle, hear the victim's statement before disposing of a minor property crime with a suspension of indictment. In addition, procedures that seek opinions from the public, such as criminal mediation and the Prosecutors' Citizens Committee, may be used.
An official at the Supreme Prosecutors' Office expressed hope that the guidelines will increase flexible case handling in minor property crime cases that considers the specific characteristics of each matter and lead to decisions the public can accept.
Minor property crimes became controversial last year after a man in his 40s, identified as A, was indicted on theft charges for taking and eating 1,050 won worth of snacks, including a Choco Pie, from a partner company office refrigerator. Prosecutors sent A to trial considering A's prior criminal record.
In the first trial, A was fined 50,000 won. After the case became widely known and drew heavy criticism, prosecutors convened a citizens committee to hear opinions and then asked the appellate court at the second hearing to grant A a stay of sentence.
The appellate court acquitted A. The panel found it difficult to conclude that the defendant had the intent to commit the crime by taking items like a Choco Pie against the victim's wishes. It also said, "Before this case, it appears there had never been a problem with security firm employees eating snacks in the office."
President Lee Jae-myung also mentioned the case. In a work report on Dec. 19, he said, "If a crime is so trivial that the damage is minimal and it lacks punishment value, shouldn't we create another system to dispose of it instead of indicting?" He added, "Why was the 1,000-won Choco Pie theft case indicted?"
In response, Acting Prosecutor General Gu Ja-hyeon said, "The victim company strongly wanted punishment," and noted, "It became an opportunity to reflect on standards for exercising prosecutorial power that meet the public's expectations."