"Usually Fine but Gets Angry When Drinking"... What Is the Punishment for a Mother Who Swore at Her Young Daughter?
First Trial Fine → Appeal Trial Suspended Sentence
Court: "Continued Drinking Without Serious Reflection"
A mother who cursed and got angry at her young daughter whenever she drank alcohol received a harsher punishment in the appellate court than in the first trial.
On the 2nd, the Chuncheon District Court Criminal Division 1 (Chief Judge Shim Hyun-geun) overturned the original sentence of a 6 million won fine against A (47), who was charged with child abuse under the Child Welfare Act, and sentenced her to 6 months in prison with a 2-year probation. The court also ordered A to attend 40 hours of child abuse recidivism prevention lectures and 80 hours of alcohol addiction treatment lectures.
A was prosecuted on charges of abusing her daughter B (11) on the night of March 9, 2021, at her home while intoxicated, including verbally abusing her severely, confiscating B’s phone which was recording the abuse, shaking her head, and causing her to fall to the floor.
The Chuncheon District Court Wonju Branch, which handled the first trial, found A guilty based on the recorded conversation of A verbally abusing B and A’s prior record of being referred for child protection in August 2020 for child abuse. The court also judged that B’s statement, expressing that “Mom is usually fine but curses and gets angry only when she drinks. I wish Mom would stop drinking and live with me again,” showed that B still had affection for her mother and no clear motive to falsely accuse her.
The first trial court stated, “The victim testified that she trembles just seeing the defendant pour alcohol, indicating lingering aftereffects, but she also expressed a wish that the defendant would stop drinking and live together, so the bond does not appear to be completely severed,” and imposed a fine. The prosecution appealed, arguing that the sentence was too light.
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Reviewing the prosecution’s claim, the appellate court stated, “A did not show sincere remorse, consistently blaming or criticizing the victim without reasonable cause during the investigation and defending herself,” and “she appears to have continued drinking frequently without restraint even after the offense,” thus increasing the severity of the punishment compared to the first trial.
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