[Seocho-dong Legal Story] Father of '4-Year-Old Habitual Child Abuser' Pleads for Leniency Saying "I Should Raise Him"

Judge: You claimed to have the 'will to raise' the victim child and their sibling. Are you saying the defendant will raise them after the divorce?

Defense attorney: The ongoing divorce trial has not yet decided to whom custody will be granted, whether to the defendant or the wife. However, the defendant’s mother (the child’s paternal grandmother) and others have a strong will and capability to provide care. Please take this into consideration as a mitigating factor in the defendant’s sentencing.

Recently, in a courtroom on the 4th floor of the Seoul High Court in Seocho-gu, Seoul, the first appeal trial was held for Kim Mo, a man in his 20s charged with child abuse causing serious injury and habitual child abuse.

According to the prosecution, Kim, who was unemployed, was raising a 4-year-old child at his residence in Gangdong-gu, Seoul, in 2022 without sending the child to daycare. However, conflicts arose with his wife over child-rearing methods, and as he failed to find a job, the child became a target of his frustration.

Kim began habitual abuse, such as forcing the child to lie face down for not eating quickly and hitting the child with a toy step stool.

During this time, Kim took the child to a room for corporal punishment, saying, ‘If there is a loud noise, a child abuse report might be made,’ and when injuries occurred, he covered them with a hat. The child’s health deteriorated due to the father’s violence, showing symptoms such as talking nonsense while sleeping and kidney abnormalities.

At the end of April last year, the abuse continued again, and the child fell into an unconscious state. The wife tried to take the child to the hospital, but Kim stopped her, fearing a child abuse report. Kim spent time searching online for punishments related to child abuse crimes, and the child was only taken to the hospital more than a day after the last abuse incident. At that time, the child had bruises all over the body, did not open their eyes when called, and showed only faint consciousness responding to pain. The child received treatment and blood dialysis in the intensive care unit for more than 20 days.

The defense for Kim, who was brought to trial, pleaded for leniency, saying, “It was difficult to raise the victim child after marrying at a young age.”

Kim was sentenced to five years in prison in the first trial. He was also ordered to complete 120 hours of a child abuse treatment program and was banned from working in child-related institutions for three years.

The first trial court stated, “It is unimaginable how extreme the fear and pain experienced by the victim child, only four years old, must have been while being habitually abused by the biological father, the defendant.” It added, “Considering the defendant’s unreasonable excuses and the overall circumstances, even taking into account the defense’s claims, severe punishment is inevitable.” “The risk of progression of the victim child’s chronic illness is significantly high, and the psychological trauma cannot be overlooked.”

Both the prosecution and Kim appealed the first trial verdict.

In the appeal trial courtroom, the defense attorney argued that the first trial sentence was too harsh. He said, “The defendant made a wrong decision while trying to restore the relationship with his wife,” and “The divorce lawsuit is ongoing, and if given a chance, the defendant and his mother will strive to help the child recover from the harm and live a normal life.”

The judge said, “It seems the child is currently being protected in a facility. However, there is no record of meetings with the paternal grandparents.” Kim’s side explained, “The defendant’s mother, the child’s paternal grandmother, wanted to see and talk to the child at the facility, but it was not possible because of the child abuse situation and the difficulty of meeting unless it is the biological parents.”

The judge asked again, “Is it difficult even for the grandparents to meet?” and the defense attorney replied, “That is what we understand.”

The court decided to hold one more hearing on the 5th of next month.

Meanwhile, it was reported that after hospital treatment, the child overcame a dangerous crisis and has now recovered enough to live a normal life.