'Neglect and Murder of 7-Month-Old Daughter' Couple Receives Reduced Sentence in Appeal Trial

[Asia Economy Reporter Seongpil Cho] A couple indicted for leaving their 7-month-old daughter alone at home, resulting in her death, received reduced sentences in the appellate court.

The Criminal Division 13 of the Seoul High Court (Presiding Judge Gu Hoe-geun) overturned the original verdict in the sentencing trial of the couple, A (22) and B (19), who were charged with murder and corpse abandonment, sentencing A to 10 years in prison and B to 7 years in prison.

In the first trial last December, A was sentenced to 20 years in prison, and B, who was a minor at the time, was sentenced to an indeterminate sentence of 15 years maximum and 7 years minimum.

The court stated, "Considering the circumstances of the case, the defendants' ages, and their backgrounds, the sentencing in the first trial appears somewhat excessive," and added, "We cannot accept the first trial's judgment that the method of the crime was extremely cruel." However, the couple's claim that they did not anticipate the baby would die was not accepted.

Earlier, the appellate court had pointed out during the first hearing on the 5th that "It was a mistake that the prosecution did not file an appeal."

At that time, the court noted, "B was a minor at the time of the first trial sentencing but is now an adult," and stated, "The Juvenile Act cannot be applied to B in the appellate trial to impose an indeterminate sentence."

This refers to the principle of "prohibition of disadvantageous changes," which means that if only the defendant appeals the first trial verdict without the prosecution appealing, the appellate court cannot impose a heavier sentence than the original verdict.

Regarding this, the court said on the day, "Even if the prosecution had appealed, the same sentence would have been imposed."

The couple was tried for leaving their 7-month-old daughter alone with two pet dogs in an apartment in Bupyeong-gu, Incheon, for five days starting May 26 last year, resulting in her death.

During the trial, the couple admitted to leaving their daughter unattended, which ultimately caused her death, but claimed they had no intent to murder.

After receiving heavy sentences in the first trial, the couple appealed the verdict. Meanwhile, the prosecution, having received the same sentencing result as their demand, did not appeal.

This content was produced with the assistance of AI translation services.