The Supreme Court of Korea ruled that charges should be dismissed against a man in his 30s who was sentenced to prison for breaking into his parents' home and stealing their entire safe, applying the revised "relative immunity" provision under criminal law. The court held that since theft charges between family members now constitute a complaint-based offense under the amended Criminal Act, the indictment must be dismissed if the victims withdrew their complaint.
According to legal circles on Wednesday, the Second Division of the Supreme Court (presided by Justice Ma Yong-ju) overturned the appellate court's eight-month prison sentence for the defendant, identified as "A," who was indicted on theft and other charges, and remanded the case to Suwon District Court.
A was indicted for breaking into his parents' home on December 10, 2024, and using a folding cart to steal an entire safe along with 4.5 million won (approximately $3,100) in cash, department store gift certificates, gold rings, and other valuables totaling approximately 24 million won (approximately $16,600). He was also charged with threatening his father by sending a smartphone message on December 29 of the same month saying, "I will kill every last one of you."
The first-instance court sentenced A to one year in prison on the theft charge. Although the Constitutional Court had issued an unconstitutionality ruling in June 2024 on Article 328, Paragraph 1 of the Criminal Act — the "relative immunity" provision that exempted penalties for theft between direct-lineage relatives — and revised legislation was expected, the court proceeded with a guilty verdict without waiting for the legislative revision, considering that A was in custody. However, the court dismissed the charge of threatening an ascendant, as the parents expressed their wish not to pursue punishment.
The appellate court partially accepted the argument that the sentence was excessive and reduced A's prison term to eight months in December last year.
The situation reversed, however, when the National Assembly amended the relevant provision on December 31 last year. The revised Article 328, Paragraph 1 of the Criminal Act changed property crimes between relatives from a "penalty exemption" to a "complaint-based offense requiring a formal complaint before prosecution can be initiated." Notably, the supplementary provisions stipulated that the amended article would apply retroactively to crimes committed on or after June 27, 2024, the date of the Constitutional Court's ruling.
The Supreme Court determined that A's offense fell under the scope of the new relative immunity provision pursuant to the supplementary provisions of the amended law, and therefore constituted a complaint-based offense. "The parents, as victims, submitted a settlement agreement and a statement of non-punishment before the first-instance verdict was delivered in August last year, which constitutes a lawful withdrawal of the complaint," the court said. "The appellate court should have overturned the first-instance verdict and delivered a dismissal of indictment pursuant to Article 327, Subparagraph 5 of the Criminal Procedure Act."