As controversy grew over excessive investigation after it became known that police referred two people with developmental disabilities to prosecutors on suspicion of special theft for sharing an ice cream at a convenience store without paying for one, police explained it was action taken under current law and procedure.
The Busan Metropolitan Police Agency issued an official statement on the 14th and said, "In this case, we conducted the necessary investigation, including checking CCTV and questioning the suspects, following the victim's theft report."
Police said that for special theft there is no statutory fine, so it cannot be sent to a summary trial, and police have no authority at their stage to let the suspects go with a warning or to close the case on their own.
They added, "Accordingly, we referred the case to prosecutors, and prosecutors also acknowledged the facts of the case but, taking into account several circumstances such as the fact that it was a first offense and the damage was restored, the prosecutor issued a suspension of indictment."
A suspension of indictment is a disposition in which criminal suspicion is acknowledged but, considering factors such as the suspect's age, motive, and whether the damage was remedied, the case is not brought to trial. It is different from a "no suspicion" disposition, in which the criminal suspicion itself is not recognized.
The incident occurred at about 7 p.m. on the 10th at a convenience store in Busanjin District. Two people, including A, a person in their 30s with severe developmental disabilities, was found to have taken out one ice cream worth 1,500 won without paying and eaten it together.
Guardians who learned of this belatedly apologized to the convenience store and compensated 100,000 won, more than 60 times the price of the ice cream. The store owner was also said to have conveyed the circumstances and told police that punishment was not desired.
However, on the 23rd, police applied the charge of special theft to the two and referred the case to prosecutors. Article 331 of the Criminal Act defines theft committed jointly by two or more people as special theft. Unlike ordinary theft, it carries only imprisonment for one year or more without a fine, making the sentence relatively heavy.
Prosecutors recently issued a suspension of indictment, considering that the two were first-time offenders and had reached a settlement with the victim.
After the prosecutorial disposition, A's family and others strongly objected to the police investigation. They were also reportedly considering filing a complaint against the lead investigator on suspicion of abuse of authority.
The Busan Metropolitan Police Agency said, "Going forward, while observing equality before the law and due process, we will strive to ensure investigations take more careful account of the characteristics and individual circumstances of socially vulnerable people, including those with disabilities."
It added, "For minor crimes that can be handled by summary trial or a warning, we will also consider institutional improvements."