A person who received a suspension of indictment from the prosecution for theft, on the grounds that they did not return an electronic cigarette left behind by an acquaintance met at a karaoke bar, has been granted relief by the Constitutional Court.
According to the official gazette on July 20, the Constitutional Court unanimously overturned the suspension of indictment issued to a person surnamed Noh by a prosecutor at the Busan District Prosecutors Office on June 24.
Noh had been given a suspension of indictment on charges of taking an electronic cigarette worth 79,000 won, which an acquaintance met through an impromptu encounter at a karaoke bar in Busan last July had accidentally left behind, after receiving it from a staff member instead of returning it to the owner.
A suspension of indictment is a disposition in which the prosecution acknowledges the charges but decides not to send the suspect to trial after considering various circumstances.
The Constitutional Court accepted Noh's argument that there was no intent to commit theft or any unlawful intent to gain possession—the intent to use or dispose of another person's property as one's own—and that the item was not returned simply because Noh did not know the acquaintance's personal information.
The court cited several factors, including that the karaoke bar staff had handed Noh the acquaintance's electronic cigarette along with the clothing of a friend, surnamed Kim, and that Noh had consistently stated they did not remember receiving the electronic cigarette.
According to CCTV footage from the time, Noh was seen waving goodbye to the acquaintance and subsequently receiving the clothing and the electronic cigarette from the staff member while standing there. The court determined that it was difficult to find any evidence of an intent to steal from these actions.
Furthermore, the court judged that it could not be concluded that Noh had an awareness of stealing the electronic cigarette or an unlawful intent to gain possession, noting that Noh had left the device at the friend's house that afternoon and returned home.
The Constitutional Court stated, "The suspension of indictment involved significant shortcomings in the investigation or a misunderstanding of legal principles that affected the decision, thereby infringing upon the petitioner's right to equality and the right to pursue happiness," and subsequently overturned the suspension of indictment.
(Photo: Yonhap News)
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