Father Unpaid Child Support for 10 Years... Sentenced to 6 Months in Prison on Appeal
Original Sentence Overturned with 3-Month Imprisonment
Sentenced to 6 Months Imprisonment
A man in his 40s who was imprisoned in court for not paying about 100 million won in child support to his ex-wife over 10 years received a heavier sentence in the appellate court than in the first trial.
The Criminal Appeals Division 3 of the Incheon District Court (Chief Judge Choi Seong-bae) overturned the original sentence of three months in prison and sentenced A (44), who was indicted for violating the Act on the Guarantee and Support of Child Support Payment, to six months in prison at the appellate sentencing hearing on the 21st.
The appellate court stated, "The defendant failed to fulfill his support obligations, including not paying child support amounting to 100 million won," and added, "The children suffered mental and economic harm." It further judged, "There also appears to be hostility toward the ex-spouse regarding the unpaid child support, which caused the minor children to bear the full brunt of the damage."
It also explained the sentencing reasons, saying, "The defendant has not presented a realistic repayment plan," and "Considering his poor health and the fact that he has no prior criminal record."
Earlier, Judge Sung In-hye of the Criminal Division 8 of the Incheon District Court sentenced A to three months in prison and ordered his detention in court on March 27. This was the first case of a prison sentence being handed down since the related law criminalizing non-payment of child support was revised and implemented in 2021.
After the first trial sentencing, the prosecution argued that "a heavier sentence should be imposed," but A appealed, claiming "the sentence is too harsh."
A was indicted for failing to pay 96 million won in child support for two children to his ex-wife Kim Eun-jin (44) from April 2014 until recently. Despite a court detention order in 2022, he hardly paid any child support.
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Kim raised their two sons alone for 10 years, running a street food stall or working in a factory without child support from her ex-husband. It is known that A claimed financial difficulties due to poor health, including undergoing heart surgery.
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