If Intent to Commit Crime Cannot Be Proven
Possibility of 'Not Guilty' in Risky Cases
Conviction for Abuse Resulting in Death Useful
Establishing Precedents Amid Calls for Severe Punishment
[Asia Economy Reporter Seongpil Cho] Two women stood in different courts on the 15th. Both are defendants in child abuse cases. The method of the crime?locking a child in a travel bag leading to death?is similar. However, Lee (44), who is being tried at the Seoul High Court, faces charges of child abuse resulting in death, while Sung (43), who had her first trial at the Daejeon District Court, is charged with murder. The sentence varies greatly depending on the charge. Of course, the murder charge is much heavier. What accounts for the difference?
# Lee, charged with child abuse resulting in death, is accused of causing the death of her 5-year-old daughter at her home in Gwanak-gu, Seoul, last December. The incident occurred after punishing the child by locking her in a travel bag for three hours. The child died of suffocation, and Lee was arrested and indicted on charges including child abuse resulting in death.# Sung, charged with murder, is accused of locking her cohabiting partner’s 9-year-old son in a travel bag for seven hours in Cheonan, Chungnam, last month, leading to the child’s death. When the child was taken out of the bag, his heart had already stopped. He died three days after being transferred to the hospital. The police initially sought to apply child abuse resulting in death charges to Sung, but the prosecution applied murder charges instead.
The prosecution’s differing judgment is based on the presence of 'intent' in the crime. Since it was foreseeable that locking the child in the bag and leaving him without any rescue measures could result in death, Sung is considered to have had intent. The fact that the child repeatedly pleaded 'I can’t breathe' also contributed to the determination of intent. Lee’s case could also be suspected of intent, at least implicitly, depending on the judgment. However, it is unusual for the prosecution to apply murder charges in such child abuse death cases. Proving intent is difficult, which could lead to acquittal, and it is more practical to secure a conviction through child abuse resulting in death charges, which apply regardless of intent if death occurs.
From this perspective, some analyze that the prosecution’s application of murder charges against Sung may be a kind of gamble. Attorney Jang Junsung of Law Firm How said, “Whether there is intent to kill is a psychological factor and difficult to objectively prove. If the prosecution fails to prove beyond a reasonable doubt in court, the defendant will ultimately be acquitted and criminal punishment will be impossible.” There is precedent where the prosecution insisted on murder charges but the defendant was acquitted. In 2015, a woman in her 30s who killed her 10-month-old daughter in Naju, Jeonnam, was indicted for murder, but the first trial court acquitted her, stating that the evidence did not support 'intentional murder.'
The prosecution’s decision to take the risk of applying murder charges appears influenced by public opinion demanding strict punishment for Sung amid a series of recent child abuse death cases. According to the Supreme Court sentencing guidelines, child abuse resulting in death carries a sentence of 6 to 10 years imprisonment even for severe abuse. In contrast, the basic sentence for murder is 10 to 16 years, and with aggravating factors, the death penalty is possible. In other words, applying murder charges can be seen as a strategy to secure a sentence that aligns with public sentiment. If the court in Sung’s case recognizes the murder charge and convicts her, it is expected to set a precedent for a broader interpretation of intent in child abuse cases. Furthermore, it is likely that the prosecution will increasingly apply murder charges actively in handling child abuse death cases.
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