"'Sudden Infant Death during Breastfeeding' Mother Says 'I Had No Intention to Kill the Child' [Seocho-dong Legal Story]"

On the evening of September 18, 2020, at an apartment in Jungnang-gu, Seoul, a baby about one month old showed symptoms of breathing difficulty and a nosebleed right after breastfeeding. The biological mother, Ms. Lee Mo (39, female), reported the incident, and the 119 emergency squad arrived within about 10 minutes. The baby was immediately transported to the hospital but passed away in less than two days.

The prosecution viewed that Ms. Lee intentionally suffocated the baby by holding the child tightly during breastfeeding. Because of this, Ms. Lee was urgently arrested on the day the baby died and was detained in a detention center for about three months. The prosecution indicted her on charges of 'murder' and later added 'child abuse resulting in death' as a preliminary charge. Below is part of Ms. Lee’s interrogation record by the prosecution.

Q: At that time, did you put the nipple into the victim’s nose to suffocate the baby because you hated the victim and momentarily wanted to kill the child?

Ms. Lee: It is true that I hated the baby, but I don’t really know why I did that.

Q: The suspect testified that at some point while holding the baby, she thought 'I shouldn’t do this,' then removed the nipple and called 119. Is that correct?

Ms. Lee: Yes, that is correct.

The first trial sentenced her to three years in prison with a five-year probation. The first trial court recognized the charge of child abuse resulting in death, stating, "The defendant’s use of physical force (assault) caused the victim’s death due to multiple organ failure."

However, the court acquitted her of murder, saying, "It is difficult to conclude beyond reasonable doubt that there was even a conditional intent to kill the victim beyond the intent to assault."

"The husband was expected to arrive home soon, and two other children were in the master bedroom together," and "Although the defendant may have momentarily lost her temper and held the victim for a certain period, it is hard to accept based on common experience that she intended to kill the victim or accepted the fatal outcome."

The first trial court explained the sentencing by saying, "The defendant admitted the facts of the crime and is remorseful," and "There is no indication of prior abuse of her children, and it appears the crime was committed impulsively under the influence of postpartum depression, etc." The court also considered the husband’s earnest plea for leniency and the fact that young children remain who need care and responsibility.

Both the prosecution and Ms. Lee appealed the first trial verdict. On the 19th of last month, the appellate trial was held at a courtroom on the third floor of the Seoul High Court in Seocho-gu, Seoul, presided over by the Criminal Division 2 (Chief Judge Lee Won-beom).

Ms. Lee’s defense attorney argued, "A mother who lost a one-month-old baby was detained in a detention center for three months without any postpartum care and is being tried on charges including intentional murder," and "The defendant has an intellectual disability and was interrogated by the prosecution with an awkward speech and attitude without proper legal assistance, resulting in inconsistent statements that led to the murder charge."

The defense claimed, "The defendant did not intentionally kill or abuse the victim. The charge should be negligence resulting in death, not murder or child abuse resulting in death," and requested "a fair and just judgment."

Ms. Lee also pleaded for leniency in her final statement. She tearfully said, "Even now, when I close my eyes, I keep thinking about the baby," and "I never intended to kill." She added, "I am getting along well with my first and second children and will live giving them lots of love."

The appellate verdict is scheduled for the 23rd of next month.