[Jeongin, I'm Sorry] Murder Charge, Petition, and Three Reports

[Image source=Yonhap News]

[Asia Economy Reporter Yoo Byung-don] The prosecution investigating the abuse death case of 16-month-old adoptee Jeong-in has applied charges of child abuse resulting in death, not murder, against the adoptive mother. This conclusion was no different from that of the police, who were at the center of controversy for their inadequate initial response. In front of the Seoul Southern District Prosecutors' Office, condolence wreaths sent from all over the country filled the area densely.

Prosecution Deliberates Between Murder and Child Abuse Resulting in Death Charges

The investigation is being handled by the Women and Child Crime Investigation Division (Chief Prosecutor Lee Jung-woo) of the Seoul Southern District Prosecutors' Office. The investigation team announced, "Ms. Jang inflicted a strong impact that led to the death of the adoptee Jeong-in." However, they did not apply murder charges, judging that proving 'dolus eventualis'?the foreseeability of Jeong-in's death due to prolonged abuse by Ms. Jang?would be difficult. They decided it was safer to secure a conviction by applying child abuse resulting in death charges, regardless of intent.

Whether there was intent to murder is difficult to objectively prove, and if it is not proven beyond a reasonable doubt in court, a not guilty verdict may be rendered. However, legal circles view that the outcome of proof can vary depending on the prosecution's investigative will. In fact, in June last year, the Cheonan branch of the Daejeon District Prosecutors' Office applied murder charges to a stepmother accused of locking her 9-year-old son in a suitcase, resulting in his death. Although the police had sent the case on child abuse resulting in death charges, the prosecution brought her to court on murder charges. The stepmother was sentenced to 22 years in prison in the first trial after being found guilty of murder.

The investigation team is reportedly considering applying murder charges to Ms. Jang through an indictment amendment. This is seen as a response to public criticism over applying only child abuse resulting in death charges. To this end, the team requested a re-examination of the case last month from a specialist forensic pathologist. Depending on the re-examination results, there is a possibility of adding a separate preliminary indictment with murder charges. If murder charges are applied to Ms. Jang, the sentence itself could increase. According to the Supreme Court sentencing guidelines, the basic sentence for murder is 10 to 16 years in prison. With aggravating factors, the death penalty is also possible. In contrast, child abuse resulting in death carries a sentence of about 6 to 10 years in prison.

[Image source=Yonhap News]

Thousands of Petitions Arrive Riding the SNS Wave

As of the 10th, posts certifying that petitions have been written for Jeong-in are continuously appearing on the Korea Child Abuse Prevention Association's online cafe and various social networking services (SNS). Most are parents with children who, after seeing the Jeong-in case, are sending petitions to the Seoul Southern District Court Criminal Division 13 (Chief Judge Shin Hyuk-jae) to help Jeong-in in any way possible. It is reported that thousands of petitions arrived at the court just this week.

After the Jeong-in case was re-examined through broadcasts, child organizations and citizens submitted petitions to the court, urging severe punishment for the adoptive parents. Online, methods for writing and submitting petitions titled 'How to Write a Jeong-in Petition' were shared, encouraging people to send petitions to the court before the first trial date.

In reality, petitions or letters of appeal are administrative documents and have no explicit legal effect. Therefore, they do not influence legal interpretations or judgments of guilt or innocence. However, petitions can serve as important reference materials for sentencing. Since petitions reflect public opinion, they can somewhat influence the court's judgment.

However, the court has stated that it will not review petitions until it determines guilt or innocence. The court said, "There is a concern that the petitions could influence the court's judgment," and "We will not look at the petitions until all evidence is reviewed and a verdict is reached." Additionally, "The number of petitions received for the Jeong-in case reached a level where staff found it difficult to input them into the system one by one," and "From now on, we will not input them electronically but will file them directly as separate volumes for classification and management."

[Image source=Yonhap News]

Systemic Failures from Adoption Agency to Police... Jeong-in Was Neglected Until the End

The first report suspecting abuse of Jeong-in was received on May 25 last year, when bruises were found on both thighs by the daycare center and medical staff Jeong-in attended. The adoption agency, Holt Children's Services, visited Jeong-in's home the next day but, despite not receiving a clear explanation about the bruises, only guided the adoptive parents to respond sensitively to child-rearing. The Seoul Yangcheon Police Station became aware of the case through a report from the Child Protection Agency but concluded on June 10 of the same year that there was no evidence of child abuse. At that time, the police could not distinguish between bruises, Mongolian spots, and atopy.

The second report was received on June 29 last year. An acquaintance of the adoptive parents reported that "the adoptive mother left Jeong-in alone in the car for about 30 minutes." The police conducted an on-site investigation that day, meeting Jeong-in, the adoptive mother, and the adoptive father. Holt also revisited Jeong-in's home on July 2 last year and met the adoptive mother. After about a month and a half of investigation, the police concluded with a non-prosecution opinion. This was because the doctor who treated Jeong-in said that a clavicle fracture could not be definitively considered evidence of abuse.

The last suspicion report of abuse was received at noon on September 23 last year. Teachers at the daycare, seeing Jeong-in who had returned after a long absence unable to walk alone and having lost about 1 kg in weight, took her to the hospital. The pediatrician's report after checking her condition was Jeong-in's last chance to be saved. Although the police and the Child Protection Agency investigation team visited for separation measures, Jeong-in only received treatment for stomatitis at a hospital frequently visited by the adoptive mother.

Ultimately, Jeong-in's short life ended on October 13 of the following month.

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