Brain Tumor Daughter Raised Alone... Mother Habitually Stealing Baby Formula [Seocho-dong Legal Story]

[Image source=Yonhap News]

"The court has given special consideration regarding the defendant's sentencing in this case."

On the 11th of last month, in a courtroom on the 4th floor of the Seoul Central District Court, Chief Judge Lee Gwan-hyung of the Criminal Division 5-3 said this before delivering the appellate verdict to Kim (52, female), who was charged with theft.

Kim was prosecuted for stealing about 3.3 million KRW worth of items, including powdered milk, from a supermarket in Guro-gu, Seoul. On April 1, 2020, around 2 p.m., she hid three cans of powdered milk in her bag while the staff's surveillance was lax, and over the course of a month, she committed theft 30 times.

Kim was not a first-time offender. She had a total of nine prior convictions for theft. On September 26, 2019, she was sentenced to six months in prison with a two-year probation for stealing items such as milk bottles, breast milk substitutes, and beverages. She committed the current offenses during the probation period.

The first trial sentenced Kim to six months in prison, considering the habitual nature of her crimes and the fact that she reoffended during the probation period. It was a prison sentence.

The main reason Kim appealed was because of her elementary school-aged daughter who had undergone brain tumor surgery. After losing her husband, Kim was raising her daughter alone and tried to make a living without repeating theft. However, due to the economic hardships caused by the spread of COVID-19 in early 2020, she resorted to stealing supermarket items again.

If the sentence from the first trial were to be finalized, Kim would have to be imprisoned and separated from her daughter. Kim herself was also suffering from mental health issues and had been diagnosed with thyroid cancer and uterine cancer. She could not easily leave her sick daughter in the care of her elderly parents.

The appellate court overturned the first trial's prison sentence and instead sentenced Kim to six months in prison with a three-year probation period. They also ordered protective supervision for two years. The court explained that they considered the worsening economic difficulties due to COVID-19 and the fact that Kim's parents would have difficulty supporting their granddaughter alone.

The court also took into account that Kim had barely managed to raise money and had reached settlements with most of the victim supermarkets, as well as her age, environment, the means and results of the crime, and circumstances after the crime. The Supreme Court Sentencing Commission stipulates that for theft crimes, 'livelihood-related crimes' and the victim's 'non-prosecution wishes' are special sentencing factors that can mitigate punishment. Since the prosecutor did not appeal, this verdict was finalized as is.

"The defendant's situation is unfortunate, but you are aware that the offenses were repeated multiple times, right?" Chief Judge Lee asked Kim, who stood at the defendant's seat while delivering the appellate verdict. Kim nodded. Chief Judge Lee then said, "Since the court has shown leniency after much deliberation, the defendant must not reoffend again." Kim, with tears in her eyes, expressed her gratitude to the court, saying, "Thank you..." before returning to her daughter.

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