A single mother in her 20s who abandoned her 5-day-old newborn in a mountain and fled was sentenced to prison.
On the 27th, the Criminal Division 4 of Changwon District Court in Gyeongnam announced that it sentenced Ms. A, in her 20s, who was tried on charges of attempted murder, to three years in prison and imposed a five-year ban on employment in child-related institutions.
According to the court, Ms. A is accused of leaving baby B on a mountain trail in Changwon City, Gyeongnam, in the afternoon of March 2016 and fleeing the scene.
Ms. A gave birth to baby B at an obstetrics and gynecology clinic in Uichang-gu, Changwon City, and was discharged five days after birth. She then abandoned baby B on a secluded mountain trail about 20 minutes away on foot.
When discharged, she told her mother, who was with her, that she was sending the baby to the father, which was a lie.
At the time, baby B was a 5-day-old newborn, but since the baby's death or whereabouts could not be confirmed, Ms. A was charged with attempted murder instead of murder.
Ms. A, who was unmarried, had previously given birth to a boy in January 2015 and was raising him. She became pregnant with baby B during a relationship with a partner she met through an online game. She committed the crime because she claimed she lacked the ability to raise the child.
Ms. A's side argued, "We could not contact the father, and the family was not in a position to help raise the baby," and claimed, "Since the crime was committed immediately after delivery, the charge should be attempted infanticide, not attempted murder." However, the court did not accept this argument.
Under criminal law, infanticide is punished more leniently than general murder, with a sentence of up to 10 years in prison. It applies when a direct ascendant kills a newborn during or immediately after delivery due to motives such as concealing disgrace or anticipating an inability to raise the child. General murder carries a heavier sentence of at least five years in prison.
The court stated, "Immediately after delivery means a very close range in terms of time and place from the completion of delivery," and "It refers to the period during which the mother is in an abnormal psychological state due to delivery or remains in an excited or shocked state caused by delivery."
"Ms. A lied to her mother that she had safely taken baby B to the father and returned, and she went back to work the day after resting only one day after the crime. These facts suggest that she was not in an abnormal psychological or excited state caused by delivery," the court added.
Furthermore, the court said, "Although Ms. A was in a position to cherish and protect baby B more than anyone else, she left the 5-day-old baby alone in the mountain. However, considering that she was not in such physical, mental, or economic hardship that she could not consider any other options, that the victim's survival has not been confirmed, and that it would not have been easy to decide to raise the child without contact with the father, the sentence is determined accordingly," explaining the reasons for sentencing.
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