Postpartum Care Worker Who Dropped 2-Month-Old Baby Causing Death Receives Increased Sentence in Appeal Trial
Baby aged 67 days dropped and suffered head injury leading to death
Original court sentenced to 3 years in prison, appealed... 2nd trial increased sentence to 4 years
A man in his 60s, identified as A, who dropped a 67-day-old baby three times and shook the baby violently while holding him when he cried, causing a head injury that led to the baby's death, was sentenced to a heavier penalty in the second trial than in the original trial.
View original image[Asia Economy Reporter Kim Jung-wan] A postpartum caregiver who caused the death of a 2-month-old infant by repeatedly dropping the baby on the floor appealed, claiming the first trial’s prison sentence was too harsh, but the second trial sentenced her to a longer prison term of 4 years.
On the 20th, the Ulsan 1st Criminal Division of the Busan High Court (Presiding Judge Park Hae-bin) overturned the original verdict and sentenced a woman in her 60s, identified as A, who was indicted on charges including violation of the Special Act on the Punishment of Child Abuse Crimes (child abuse resulting in death). Along with this, she was ordered to complete an 80-hour child abuse treatment program and was banned from employment in child-related institutions for 5 years.
Previously, the first trial court sentenced A to 3 years in prison, ordered her to complete an 80-hour child abuse treatment program, and imposed a 5-year employment restriction in child-related institutions. However, A appealed, arguing that the sentence was too severe.
The second trial court stated, "The defendant has worked as a postpartum caregiver for a long time and was qualified to be well aware of the duties and precautions related to newborn care and management, and to respond accordingly. Nevertheless, she caused an accident by dropping the newborn three times consecutively and failed to take proper post-incident measures."
Furthermore, the court explained, "The degree of breach of duty of care in her work appears to be very serious, and this resulted in an irreversible outcome where the victim died. Considering that the victim’s side has continuously petitioned for severe punishment against the defendant, the original sentence was too light and unjust," explaining the reason for the sentencing.
A was put on trial for allegedly holding B, a 67-day-old infant, with one hand at a home in Ulsan in early February last year, dropping him three times onto the bed mattress and floor, and when B cried, shaking him violently while holding him, causing head trauma that led to his death.
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B, who was transferred to a hospital, was diagnosed with skull fractures and traumatic subdural hematoma and received treatment for about a month, but died in early March last year when he reached 100 days old.
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