Disabled individuals charged with special theft for sharing ice cream

Two individuals with developmental disabilities faced charges of special theft for taking an ice cream worth 1,500 won ($1.10 USD) and sharing it. The incident occurred when one individual met a friend and they took the ice cream from a convenience store refrigerator outside the shop. The store owner later received compensation of 100,000 won ($74 USD) from the families and stated they did not wish to press charges.

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They were both jointly committing theft, calling it a serious crime. The prosecution also issued a suspended sentence without proper review. We believe it was an excessive punishment.

Despite the owner's wishes and the families' apologies and compensation, the Busan Jin police forwarded the case to prosecutors, charging them with special theft. This charge typically involves more serious offenses like nighttime intrusion, use of weapons, or theft by two or more people acting together. The families expressed dismay, believing the case would be dismissed and criticizing the police and prosecution for what they called an excessive punishment.

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We comprehensively reviewed factors such as the suspects' severe developmental disabilities, the minor value of the stolen goods, and their admission and remorse. The victim's compensation and agreement were also fully reflected in the referral.

Police defended their decision, stating that all factors, including the individuals' severe developmental disabilities, the minor value of the stolen item, and their remorse, were considered. They explained that because special theft carries a mandatory prison sentence, they could not dismiss the case and sending it to prosecutors for a suspended sentence was the best available option. Legal experts suggested that while the police followed procedure, a more flexible interpretation of the law might be needed, especially given the minor offense and the victim's forgiveness. They also proposed improving institutional mechanisms to allow police to drop minor cases without forwarding them to prosecutors.

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Special theft only has prison sentences, so it was not eligible for minor offense review. Therefore, referring it to the prosecution to receive a suspended sentence was the best course of action.