Mother Who Neglected 6-Month-Old Son with Chickenpox Without Vaccination, Leading to Death, Receives Reduced Sentence in Second Trial

A mother who neglected her 6-month-old baby, resulting in the baby's death, received a reduced sentence in the appeal trial. The photo is unrelated to the content of this article. [Image source=Yonhap News]

[Asia Economy Reporter Hwang Sumi] A mother who neglected her 6-month-old baby, leading to the infant's death, received a reduced sentence in the appellate court.

On the 26th, the Gwangju High Court Criminal Division 2-1 (Presiding Judges Seong Chung-yong, Wi Gwang-ha, Park Jeong-hoon) announced that in the appeal trial of Ms. A, who was charged with violating the Special Act on the Punishment of Child Abuse Crimes (child abuse resulting in death), the original sentence of 3 years imprisonment was overturned and a sentence of 1 year and 6 months imprisonment was handed down.

The court also ordered Ms. A to complete an 80-hour child abuse treatment program and imposed a 5-year employment ban at child-related institutions.

Ms. A was indicted for neglecting to properly care for her second son, who was 6 months old, resulting in his death at their residence in Boseong, Jeollanam-do, on April 13 of last year.

Although the second son showed symptoms of shaking hands and feet due to chickenpox complications, Ms. A did not take him to the hospital and left him unattended, which led to his death from malnutrition and other causes.

She is also accused of neglecting to provide proper food to her first son, who was 30 months old, and the second son, while they lived in an unsanitary environment with torn wallpaper and flooring and accumulated food waste.

In particular, the second son, who suffered from congenital chickenpox complications, did not receive essential vaccinations.

Besides Ms. A, her husband Mr. B and the children’s maternal grandmother Ms. C were guardians, but none took care of the children.

Ms. A, whose immediate family mostly had intellectual disabilities, left the shared home and entrusted the children to her maternal family after her common-law husband Mr. B did not help with childcare following the birth of the second child.

Ms. A had Ms. C, who has visual and intellectual disabilities, take care of the children while she lived separately nearby and went out to work part-time.

When the baby showed symptoms of shaking hands and feet and seizures, Ms. C called her son-in-law Mr. B, but he reportedly said, "I am busy with work and cannot come," and did not visit.

Ultimately, the second son died at home due to malnutrition and other causes. The first son was transferred to a child protection facility for treatment.

Mr. B, who was indicted alongside Ms. A, was sentenced to 4 years imprisonment and ordered to complete a 40-hour child abuse treatment program in the first trial, while Ms. C received a 2 years and 6 months prison sentence with a 3-year probation.

Mr. B and Ms. C accepted the original verdict, but Ms. A appealed on the grounds of unfair sentencing.

In the appellate trial, Ms. A argued that at the time of the incident, she had severe intellectual disabilities that impaired her ability to distinguish things or make decisions, and some of this claim was accepted.

The court stated, "Ms. A, as the biological mother, bears very heavy responsibility for neglecting the basic duties of protecting, raising, and treating her children," but also noted, "She has intellectual disabilities and was in a state of diminished mental capacity while raising the children, received almost no help from her husband, and was not in a situation to expect help from her maternal family."

The court explained the reason for the reduced sentence, saying, "Social welfare services for pregnancy, childbirth, and childcare for persons with disabilities require the individual to apply, so it would have been difficult for Ms. A to utilize them. Therefore, full responsibility cannot be placed on Ms. A for failing to fulfill her role as a mother, and it cannot be concluded that she abandoned or neglected the children with definite intent."

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