Prosecutors seek suspended sentence in ‘Choco Pie theft’ case
Lee Min-kyung, head of the Korean Confederation of Trade Unions North Jeolla chapter, stages a solo protest in front of the Jeonju District Court, calling for an acquittal in the so-called “Choco Pie theft" case, Thursday. / Yonhap
Prosecutors have requested a suspended sentence for a 41-year-old security guard accused of stealing snacks worth 1,050 won ($0.73) from another company’s office refrigerator, overturning an earlier 50,000 won fine imposed by a lower court.
During an appellate hearing held at the Jeonju District Court on Thursday, prosecutors said that although the theft charge against the defendant was clear, the court should show leniency given the minor value of the items.
“The defendant has prior convictions, including for theft, and even received a suspended sentence in 2019 after claiming he could lose his job,” prosecutors said. “Despite this, he again took another person’s property lightly and committed the same offense without remorse.”
However, prosecutors acknowledged that the stolen items — a Choco Pie and a custard cake — amounted to just 1,050 won, adding that a conviction leading to job loss “could be excessively harsh.”
They also noted efforts to listen to public opinion before reaching a fair conclusion, ultimately recommending a suspended sentence “as a final act of leniency.”
Earlier, a 12-member citizen review panel convened by the Jeonju District Prosecutors’ Office also concluded that a suspended sentence was appropriate after reviewing the case record and first-trial verdict.
The defendant’s attorney argued that the case itself should never have gone to trial, suggesting that his client was unfairly targeted due to his labor union activities.
“The CCTV footage shows another person was also present, yet only the defendant was accused,” the lawyer said. “We believe this criminal case may have been used to suppress union members.”
In his final statement, the defendant said he entered the office to check lighting and air conditioning during his night patrol and took the snacks only because such behavior had never been an issue before. “Please take into account that this was never considered a problem until now,” he said.
The incident took place around 4 a.m. on Jan. 18 last year, when the defendant took snacks from a logistics company’s refrigerator without permission. The company manager filed a complaint, saying he never allowed the security staff to take food. The defendant countered that he had repeatedly tried to apologize and offer compensation but was refused.
The defendant was initially fined 50,000 won in a summary judgment but appealed, arguing that a theft conviction could cost him his job under the Security Services Industry Act. The appellate ruling is scheduled for Nov. 27.
Meanwhile, Lee Min-kyung, head of the Jeonbuk chapter of the Korean Confederation of Trade Unions, held a solo protest outside the courthouse on Thursday, calling for the defendant’s acquittal. “We welcome the prosecution’s revised stance and hope the court will reach a wise judgment,” she said.
This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by generative AI and edited by The Korea Times.