Men with developmental disabilities charged with theft for sharing ice cream

A controversial decision by South Korean police to charge two men with severe developmental disabilities with special theft for sharing a 1,500 won (about $1) ice cream bar has sparked public outcry.

The two friends, identified as Hwang, 34, and Choi, 33, took a Melona ice cream bar from an outdoor freezer at a convenience store in Busan and shared it without paying. They were later charged with special theft, a crime typically involving the use of weapons or joint action by two or more people.

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Is it possible that two people with developmental disabilities conspired to steal a Melona?

Family members argue that the charge is an excessive application of the law, especially given the men's disabilities, which affect their communication abilities. They claim the men wouldn't have "conspired" to steal an ice cream. The family has already apologized to the store owner and paid 100,000 won (about $67) in compensation, far exceeding the ice cream's value. The store owner reportedly stated they did not wish to pursue punishment.

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We determined that the two conspired to take the ice cream together when they were without money.

Despite the store owner's wishes and the men being first-time offenders, police proceeded with the charges, citing the legal definition of joint theft. Prosecutors ultimately issued a suspended sentence, considering the circumstances. However, the family is considering filing a complaint against the investigating officer for abuse of power and plans a constitutional appeal questioning the applicability of special theft charges to minor offenses involving vulnerable individuals.

Legal experts have also weighed in, with one professor calling the application of special theft charges excessive and suggesting police could have exercised more discretion. The case highlights the need for more nuanced procedures when dealing with minor offenses involving vulnerable individuals, taking into account the degree of conspiracy, the nature of their disabilities, and the scale of the damage.

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Applying special theft charges just because two people were together, without the use of weapons, is an excessive legal interpretation.