[Seocho-dong Legal Story] Why Did the 11-Year-Old Girl Jump Over the Window?

Abused with a Hot Frying Pan and Metal Neck Chain, 'Escape'
Supreme Court Confirms Biological Mother’s 4-Year Sentence and Stepfather’s 7-Year Sentence

CCTV footage showing the victim child of the child abuse case that occurred in Changnyeong, Gyeongnam, last May [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] On May 29th last year, 11-year-old girl A, who was trapped on the veranda of a villa in Changnyeong, Gyeongnam, looked out the window. The metal chain around her neck was somewhat loose. At that moment, her parents' supervision was also lax. That was when A decided to 'escape.' She climbed over the veranda railing, scaled the outer wall, and crossed into the neighboring house. In this way, A fled from the villa. A citizen who saw her running barefoot in pajamas on the road reported to the police, bringing the 'Changnyeong Child Abuse Case' to public attention.

When found, A was extremely thin and complained of severe hunger. Her entire body was covered in bruises. Burn marks were also visible in several places. These were signs of continuous abuse by her biological mother B (30) and stepfather C (37). As the number of school days decreased due to the spread of COVID-19, she was exposed to even more abuse. At that time, C, who had less work, frequently quarreled with B, and vented his anger by blaming A.

C is accused of heating a frying pan and pressing it against A's body or submerging her head in the bathtub to suffocate her. B was also investigated for causing burns to A with melted silicone from a glue gun and heated metal chopsticks. When A, exhausted from the abuse, said she wanted to leave home, the couple chained her neck and fixed her to the veranda railing for two days before her escape, neglecting her. They also did not provide proper meals.

The 6-year-old and 5-year-old younger siblings were also victims. The couple was raising four children, including a newborn and A. The younger siblings either witnessed their sister being abused or had to join their parents in hitting her. During a home investigation, the siblings said, "When hitting, it felt like sister became transparent and disappeared," or "It was painful and scary."

The prosecution indicted the couple for violating the Special Act on the Punishment of Child Abuse Crimes. They requested the court to sentence B to 7 years in prison and C to 10 years.

The first trial court sentenced B to 3 years and C to 6 years in prison, stating, "There is concern that serious physical injuries and post-traumatic stress disorder caused by difficult-to-heal mental trauma will remain."

Their sentences were increased to 4 years and 7 years respectively in the second trial. The second trial court criticized, "If the victim child had not escaped, continuous abuse could have led to more severe consequences, and the defendants made their younger children witness the abuse. The defendants deny the crimes, raising doubts about whether they genuinely reflect and feel remorse towards the victim."

On September 16th, the Supreme Court's 3rd Division (Presiding Justice Ahn Cheolsang) dismissed the appeal, stating, "The claim that the sentence is too heavy and unfair is not valid," thereby confirming the lower court's ruling.