"Intent to Kill Not Proven" Charge Changed
Husband Accused of Habitual Child Abuse Sentenced to 3 Years in Prison
The court sentenced a stepmother, who was charged with abusing her 12-year-old stepson to the point of leaving him covered in bruises and causing his death, to a relatively light 17 years in prison. The main reason was the change of the charge from 'child abuse homicide' to 'child abuse causing death' due to lack of evidence proving intent to kill.
On the 25th, the Criminal Division 15 of Incheon District Court (Chief Judge Ryu Hojung) applied the charge of child abuse causing death in the sentencing trial of Ms. A (43) and ruled accordingly. Mr. B (40), A’s husband, who was also indicted on charges including habitual child abuse under the Child Welfare Act, was sentenced to 3 years in prison.
The court stated, "Considering precedents and related evidence, it is difficult to prove that defendant A had even a conditional intent to kill the victim," adding, "If so, an acquittal should be pronounced, but since the defendant admits to child abuse causing death and other charges, the charge of causing death is recognized as guilty."
It further explained the sentencing rationale: "It is hard to comprehend the frustration and sorrow the victim felt due to the defendant’s continuous abuse," and "the defendant must repent for the wrongdoing corresponding to the sentence period."
Earlier, at the sentencing hearing held last month, the prosecution applied the charge of 'child abuse homicide' against Ms. A and requested the death penalty, the highest sentence in court. The prosecution stated, "The defendant’s method of crime was brutal," and "the recommended sentence is life imprisonment or imprisonment for more than 20 years, but we referred to the 'Jung In case,' which has similar facts," as the reason for the request.
Stepmother (left) who abused a 12-year-old elementary school student and biological father Photo by Yonhap News
Ms. A was arrested and indicted on charges of repeatedly abusing her stepson C (12) over 50 times from March last year to early February this year in the apartment she lived in Namdong-gu, Incheon, resulting in his death.
She often forced C to kneel for long periods as punishment for not properly copying Bible verses, stabbed his thighs with a pencil, and beat his entire body with an aluminum rod and other objects. Two days before his death, C was blindfolded with clothes and had his hands and feet tied to a chair with curtain cords for 16 hours, during which Ms. A monitored him from outside the room using a 'home cam' similar to CCTV.
After Ms. A miscarried in April last year, she increasingly abused C, directing all her resentment toward him. Mr. B was also indicted for 15 instances of abuse, including hitting C with a drumstick from April 2021 to last January, and for neglecting to intervene despite knowing about Ms. A’s abuse.
Due to prolonged and repeated abuse by his parents, C’s weight dropped from 38 kg at age 10 to 29.5 kg, and bruises and wounds were found all over his body at the time of death. On the day C died, Mr. B went to work in the morning but returned home after receiving a call from his wife saying, "The child doesn’t seem well," and reported to 119. C was transported to a nearby hospital in cardiac arrest but passed away.
Initially, during police investigation, the couple denied abuse, claiming the bruises on the child’s body were self-inflicted. However, under further police questioning, they admitted to hitting the child because "he did not obey," but insisted it was for disciplinary purposes and they did not realize it was abuse. From November 24 last year until his death, C was continuously absent from school and was under close supervision by educational authorities.
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