Mother Who Could Not Save Child from Fire... Also Acquitted in Second Trial
[Asia Economy Reporter Baek Kyunghwan] A woman in her 20s who was prosecuted for leaving her child behind in a burning house, resulting in the child's death, was acquitted again in the appellate court.
On the 26th, the Seoul High Court Criminal Division 13 (Presiding Judges Choi Suhwan, Choi Seongbo, Jeong Hyeonmi) acquitted A (24), who was indicted without detention on charges of violating the Special Act on the Punishment of Child Abuse Crimes (child abuse resulting in death), the same as in the first trial.
In April 2019, A left her son sleeping alone on the master bedroom bed with an electric heating pad turned on and fell asleep in another room. When a fire broke out, she opened the front door to let out the smoke, but by the time she went to the master bedroom, the flames and smoke had intensified, and she was unable to save the child. The prosecution charged A with failing to fulfill her duty of care and evacuating alone, which led to the child's death.
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The first trial court, based on CCTV footage and simulation results at the time of the fire, ruled in favor of A, stating that "it is difficult to see that the baby was left behind during the fire." The court found it hard to conclude that the defendant could have easily rescued the victim without hesitation, even if the door handle was not hot when she opened the door and the victim's face was visible. The appellate court also ruled that the first trial court's judgment was appropriate.
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