Court: "The sole guardian did not provide basic childcare"
A mother who left her middle school son in a house infested with bugs and mold for over five months avoided prison time.
On the 14th, Yonhap News reported that the Seoul Central District Court Criminal Appeal Division 2-1 (Presiding Judges Kwak Jeong-han, Kang Hee-seok, and Jo Eun-ah) sentenced Ms. A, in her 50s, who was tried for violating the Child Welfare Act (child abandonment and neglect), to the same sentence as the first trial: eight months in prison with a two-year probation period.
Ms. A was prosecuted for neglecting basic care, including food, clothing, shelter, protection, upbringing, treatment, and education, by leaving her 14-year-old son alone in a multi-family house in Seoul from March to August 2022. It was investigated that Ms. A, who lived alone with her son in the house, left after remarrying.
Over time, garbage and dog feces accumulated inside the house. The son, who lived alone in a house infested with mold and bugs, was reportedly able to barely meet his basic needs with help from nearby church and school officials.
Ms. A claimed, "I regularly visited the house to clean and do laundry, and I gave money enough for meals," adding, "Since my son is a teenager, this cannot be considered child abuse." It was also reported that Ms. A had a prior conviction and prison sentence for abusing her daughters.
The first trial court ruled, "Although the defendant is the sole guardian, it cannot be considered that she provided basic protection or upbringing," and found her guilty. The court set the sentence considering that the son was not very young and that the abuse did not escalate to active maltreatment.
Ms. A appealed, arguing that the infestation of bugs in the house was "due to the owner, the mother, and the aging building." However, the court rejected this, stating, "Since the defendant had already quarreled and left the house before leaving, the responsibility cannot be attributed to the mother."
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