Busan police are facing accusations of excessive law enforcement after referring two people with developmental disabilities to prosecutors on suspicion of special larceny for taking a 1,500 won ($1) ice cream from a convenience store without paying.
The incident occurred on June 10 at a convenience store in Busan. The suspects’ parents later apologized to the store owner and paid 100,000 won in compensation. The owner said they did not want the two to be punished.
Busanjin Police Station nevertheless referred the case to prosecutors under the charge of special larceny, which applies when two or more people jointly commit theft.
Prosecutors later granted the pair a suspension of indictment, closing the case without bringing them to trial.
They cited the pair’s lack of prior criminal records, their settlement with the store owner and the owner’s wish that they not be punished.
The families reportedly plan to file a criminal complaint against the police for abuse of authority.
Under Article 123 of the Criminal Act, a public official who abuses official authority to interfere with another person’s exercise of rights may face up to five years in prison, a fine of up to 10 million won or suspension of qualifications for up to 10 years.
Police told local media that they had little discretion to close the case because special larceny carries a statutory prison term and could not be handled as a minor offense through a summary trial.
They said referring the case to prosecutors, who could then grant a suspension of indictment, was the most lenient option available under the law.









