The Supreme Prosecutors' Office said Friday it is setting a guideline for prosecutors to suspend prosecution against minor property offenses, assuming no significant danger of repeat offense.
The guideline is in response to a controversy over a recent "larceny" case involving snacks worth 1,050 won (72 cents), involving a security worker eating a Choco Pie and a custard cake without the permission of his employer. The worker said he thought the snacks were available to all workers.
The defendant was ultimately acquitted upon appeal in November, but the incident sparked public outrage and criticism over the prosecution for taking such a minor case to the court. President Lee Jae Myung commented on the case on Jan. 19, telling officials of the Justice Ministry that such minor incidents not worth punishing should not be indicted.
The new guideline specifies that prosecutors can suspend indictment in minor theft cases like the Choco Pie case if there is no significant need for punishment, the motive of the "crime" is understandable and there is no substantial threat of repeat offense. Such a decision can be made regardless of the victim's request for punishment.
Suspension of indictment refers to when the prosecution acknowledges the offense itself, but decides not to prosecute the case due to various reasons, such as the offense being minor or the perpetrator having settled with the victim. It leaves no criminal record and entails no criminal punishment.
The guideline also specifies that the prosecution shall consider if the suspect is financially disadvantaged and whether the crime was intentional in such minor cases. This is in response to the court's tendency to acquit minor theft cases if the perpetrator unintentionally committed the offense.
The recent guideline is only to be applied to theft cases that are very minor and involve consumable commodities such as food.
minsikyoon@heraldcorp.com
