'Mother who abused and caused death of 1-month-old daughter'... Court reduces sentence from prison term to probation, reasons for mitigation?

A biological mother who abused her daughter (about 40 days old) born in poor conditions, causing her death, had her prison sentence reduced to a suspended sentence in the appellate court.

"Article 36, Paragraph 2 of the Constitution states that 'The State shall endeavor to protect maternity.' Pregnancy and childbirth in our country should not be a sufficient source of happiness for women, nor should they become seeds of further pain or misfortune."
- Chief Judge Jeong Jae-o, Presiding Judge of Criminal Division 3, Daejeon High Court

A biological mother who abused her daughter born in poor conditions, resulting in the child's death, was sentenced to prison in the first trial but had her sentence reduced to probation in the appeal trial.

According to the court on the 18th, the Criminal Division 3 of the Daejeon High Court overturned the original sentence of 5 years imprisonment and reduced it to 3 years imprisonment with 4 years probation in the appeal trial of A, who was charged with violating the Child Abuse Punishment Act (child abuse resulting in death). The court also ordered completion of a 40-hour child abuse treatment program and imposed a 5-year employment restriction in child and youth-related institutions.

Earlier, A was prosecuted on charges of abusing her daughter, who was about 40 days old and born in a villa in Daedeok-gu, Daejeon, during March to April last year. The abuse included hitting the back of the head and shaking the child violently because the baby would not stop crying at night, which caused head injuries leading to the child's death.

A was found to have decided to give birth despite economic hardship before turning 20, but did not receive parenting support from either side of the parents. Her husband worked at night and slept during the day. Exhausted, A suffered severe postpartum depression and eventually lost judgment and self-control, leading to the assault and abuse of her daughter.

The first trial sentenced her to 5 years imprisonment, calling it an "inhumane crime." The court at that time stated, "The victim was only about one month old and could only express herself by crying. Even if she kept crying, the defendant, as the biological mother, had the responsibility to observe the situation and respond appropriately to properly raise and protect the child." The court also reprimanded that "the victim's father also suffered an irreparable emotional wound."

The appellate court focused more on the "responsibility of the state and society." It reduced the sentence, stating, "It is not reasonable to socially harshly criticize the defendant alone for the consequences of the crime."

The court said, "Even after a cesarean section, due to poor family circumstances, she could not enter a postpartum care center," and "The burden of childcare fell entirely on the defendant, who had to care for the victim all day in a small one-room apartment." It also added, "Although she expressed her childcare difficulties and her situation to her spouse, the spouse, who had to provide for the family, only comforted her without providing practical help."

In fact, A dropped out of high school in her second year and helped support her family by working part-time at a restaurant and in delivery work. She started living with her husband in 2020 when she was only 19 years old.

The court pointed out, "The central government and local governments have established and implemented various systems such as helper support to assist mothers and newborns, but these are mainly focused on supporting single mothers," and "Support for pregnant women who are married but economically very poor, like the defendant, appears to be relatively very lacking."

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