Disposition Canceled by Unanimous Opinion of All Judges
"Insufficient to Conclude Intent for Theft"
A man in his 60s who was given a suspended prosecution for theft by the prosecution after mistakenly taking someone else's expensive umbrella that looked similar to his own at a restaurant was relieved by the Constitutional Court.
The Constitutional Court unanimously canceled the suspended prosecution disposition given to Mr. A (64) by the acting prosecutor of the Seoul Central District Prosecutors' Office on the 29th of last month, according to Yonhap News on the 8th.
On August 9, 2022, Mr. A visited a restaurant in Gangnam-gu, Seoul, and placed his black long umbrella in the umbrella stand. After dining for about 50 minutes, Mr. A took someone else's umbrella on his way out. It was confirmed that he took out his own umbrella to check it, put it back, and then picked up the victim's umbrella and left. The umbrella Mr. A mistakenly took was a product worth about 200,000 won with a 'Benz' logo.
After receiving a report from the victim that the umbrella was missing, the police checked the closed-circuit television (CCTV) and identified Mr. A as a suspect two months later, in October of the same year. Mr. A appeared at the police station and returned the victim's umbrella. During the police investigation, he claimed, "I mistakenly took the victim's umbrella for my own umbrella when leaving the restaurant," and "I did not know I had taken the wrong umbrella until I was contacted by the police."
However, the police believed that the theft charge against Mr. A was valid and sent the case to the prosecution with a recommendation for indictment. The prosecution, without further investigation, issued a suspended prosecution disposition for theft against Mr. A. Suspended prosecution means that although the charge is recognized, the prosecutor decides not to bring the suspect to trial considering various circumstances. While it is not a criminal punishment, it is a judgment by the investigative agency that the crime is established, which can sometimes lead to disciplinary or personnel disadvantages.
The Constitutional Court reviewed the constitutional complaint filed by Mr. A and stated, "The arbitrary exercise of prosecutorial power infringed on the petitioner’s right to equality and pursuit of happiness," and canceled the prosecution’s suspended prosecution disposition. This also took into account that Mr. A had complained of memory decline before the incident and had been prescribed medication by a prosecutor. The Court explained, "It is not uncommon to mistake someone else’s umbrella that looks similar for one’s own in public places such as restaurants," and "Both Mr. A’s and the victim’s umbrellas were black long umbrellas with similar color, size, and handle shape." Furthermore, "At the time of the incident, Mr. A was 62 years old and had previously complained of memory decline and undergone neuropsychological testing," adding, "Considering Mr. A’s age and health condition, it is insufficient to conclude that there was intent to steal."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
