If You Lost Your Phone in the Bathroom, Did the Next User Steal It... The Verdict

Acquitted Due to Lack of Evidence Proving the Crime
"Difficult to Rule Out the Possibility That a Third Party Took It"

If someone forgets their mobile phone in the restroom and loses it, is the culprit the next user? The prosecution indicted the next user suspected of stealing the phone, but the court acquitted them due to 'lack of evidence proving the crime.'

According to the legal community, on the 21st, the Daejeon District Court Criminal Division 12 (Presiding Judge Lee Jae-min) acquitted a woman, A, who was indicted on theft charges.

A was traveling to Jeju Island with her family on vacation on August 14, 2023. She stopped by a coffee shop in Jeju City, had a drink, and used the restroom on the second floor. After returning to her seat, she was soon questioned by a woman (the victim) asking if she had seen a mobile phone in the restroom.

The woman suspected A of stealing her mobile phone and the questioning escalated into a theft controversy. Eventually, the prosecution indicted A on charges of stealing a mobile phone worth about 1.5 million won that the woman had left in the restroom.

Daejeon District Court. Yonhap News Agency

The prosecution argued that A was the culprit because she used the restroom immediately after the victim left, and despite checking other areas inside the cafe, the phone was not found. However, there was no CCTV inside the coffee shop restroom, so there was no direct evidence capturing the crime.

The police suspected A hid the phone inside her dress because external CCTV footage showed her descending the stairs with her body slightly bent forward when leaving the cafe. However, A claimed she has irritable bowel syndrome and was experiencing abdominal pain due to her menstrual period, which caused her to adopt that posture. She also presented a menstrual calendar and hospital prescription to support her claim.

The court ruled A not guilty. It explained that A entered the restroom leaving her bag at her seat and was wearing a tight-fitting dress without pockets, so there was no space to steal the phone. Also, A showed her bag to the accusing victim during the questioning.

The court further pointed out that if there is no evidence to be convinced of the truth of the crime, even if guilt is suspected, the judgment must be made in favor of the defendant. The court stated, "If the defendant had stolen the phone, it would be reasonable to leave the scene quickly. However, she stayed in the cafe for a considerable time after using the restroom and did not leave immediately. Considering the defendant already owns two mobile phones, it is difficult to find a motive for the crime."

Moreover, the court ruled, "It is not possible to exclude the possibility that a third party among the many customers in the cafe took the phone." The prosecution reportedly filed an appeal against the first trial's decision the day before.