[Anchor]

Theft cases involving individuals with severe developmental disabilities are usually resolved during the investigative stage once their personal circumstances are understood. However, an SBS investigation revealed that a developmentally disabled individual was formally put on trial for eating 2,500 won worth of snacks, and was ultimately acquitted a year and a half later.

This is an exclusive report by Kwon Min-kyu.

[Reporter]

Mid-March of last year at an unmanned convenience store in Yangcheon-gu, Seoul.

A man wearing a hat fidgets with some snacks, then tears open the packaging and puts them in his mouth.

This is the scene where 38-year-old Kim Young-sik, who has a severe developmental disability, ended up being accused of theft.

The items Kim ate without paying over three separate occasions were two chocolate bars and one Choco Pie, totaling 2,500 won worth of snacks.

At the time, a warning sign posted inside the store read, "In principle, we do not settle theft cases."

[Kim Deok-jun / Father of Kim Young-sik: I never imagined he would go somewhere and steal to eat. (The store owner) said, "Then I will not settle."]

Although the police confirmed that Kim was a severely developmental disabled person with a remarkably low intellectual level, they forwarded the case with a theft charge because the two sides failed to reach a settlement. The prosecution also did not grant a suspension of indictment, instead opting for a summary indictment with a 100,000-won fine.

Following the guilty-intent decision, Kim's family requested a formal trial.

[Kim Deok-jun / Father of Kim Young-sik: How can you punish them? It is a matter of accommodating (people with disabilities), not a matter of punishment. That is why we appealed the (summary order)...]

On the 9th of last month, the first-instance court delivered a not-guilty verdict after a year and six months.

The court ruled that no crime was established because Kim, who has the intellectual capacity of a 4- to 5-year-old toddler, lacked the decision-making ability to realize he had to pay for the items.

Experts criticized that the investigative agencies' practices, which completely fail to take into account the behavioral characteristics of developmentally disabled individuals, must change.

[Kim Min-young / Head of Gyeonggi Center for Persons with Developmental Disabilities: Seeking a sentencing disposition for these individuals holds little meaning. The biggest goal is to prevent recidivism. Through systems that provide separate, individualized education so they can comprehend their actions...]

The prosecution gave up its right to appeal immediately after the first-instance ruling, finalizing the acquittal.

Meanwhile, the prosecution only offered a principled statement to SBS, saying it would exercise utmost care in handling cases involving people with disabilities.

(Photo courtesy of Yonhap News)
(Camera Reporter: Lim Woo-sik, Joo Yong-jin | Video Editing: Jeon Min-gyu | Design: Kim Han-gil)