Court Rejects Appeal of Gumi 3-Year-Old Girl's Biological Older Sister Sentenced to 20 Years in First Trial
Kim Mo-si, who was revealed to be the older sister, not the biological mother, of the deceased 3-year-old girl in Gumi, is entering the Daegu District Court Gimcheon Branch on April 9.
[Photo by Yonhap News]
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The elder sister, who was sentenced to 20 years in prison in the first trial for leaving her 3-year-old younger sister unattended in an empty villa in Gumi, Gyeongbuk, causing the child's death, had her appeal against the first trial verdict dismissed.
On the 16th, the Daegu High Court 1-3 Criminal Division (Judge Jeong Seong-wook) dismissed both the appeals filed by Kim Mo (22), who was initially thought to be the deceased child's mother but was identified as the elder sister through DNA testing, and the prosecution. The court upheld the first trial's guilty verdict on charges including murder and violation of the Child Welfare Act, maintaining the 20-year prison sentence.
Kim is accused of leaving the child unattended in an empty house while moving in early August last year, resulting in the child's death around mid-August. Kim, who was indicted in February and brought to trial, admitted to most of the charges in court.
However, she claimed that "it was not an intentional or premeditated murder but occurred accidentally due to indirect intent."
Kim had lived as the deceased child's biological mother but was revealed to be the elder sister after DNA testing following the incident.
Previously, the Daegu District Court Gimcheon Branch Criminal Division (Chief Judge Lee Yun-ho), which handled the first trial, recognized most charges including murder and violation of the Child Welfare Act as guilty and sentenced Kim to 20 years in prison.
At that time, the court stated, "The defendant abandoned the victim under her care or neglected protection and nurturing, including food, clothing, and shelter, leading to death," and added, "It is unimaginable how much hunger and fear the victim, who was alone, must have felt."
The court also ordered Kim to complete 160 hours of a child abuse treatment program and imposed a 10-year employment ban in child-related institutions. However, the court dismissed the prosecution's request for an electronic monitoring device order, stating, "There is no prior criminal record for murder, and considering the circumstances of the crime, it appears that the defendant did not actively intend the victim's death."
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The prosecution, which had requested a 25-year prison sentence at the first trial's sentencing hearing, also requested a 25-year sentence for Kim at the appeal trial's sentencing hearing.
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