Fighting with In-Laws While Watching 3-Year-Old Daughter... "Abused Dad Also Responsible for Child Abuse" Why?

Court Suspends 500,000 Won Fine for Father in His 40s
"Contributed to Emotional Abuse by Making Daughter Anxious"

The court deferred sentencing with a fine for a man in his 40s who, using a video recording issue as a pretext, got into a physical fight with his estranged wife and her family, exposing their 3-year-old daughter to domestic violence.

On the 27th, the Chuncheon District Court Wonju Branch Criminal Division 1 (Chief Judge Kim Dohyung) reportedly deferred sentencing with a fine of 500,000 won for Mr. A (40), who was indicted for violating the Child Welfare Act (child abuse), according to Yonhap News Agency. A deferred sentence means postponing the sentencing for a light crime for a certain period, and if two years pass from the date of deferral, the case is effectively considered null.

Chuncheon District Court Wonju Branch Photo by Yonhap News Agency

On the morning of May 27 last year, around 10:10 a.m., Mr. A tried to take his three-year-old daughter, Ms. C, to a nearby park from the home of his estranged wife, Ms. B, but when she opposed due to bad weather, they argued. At that time, custody and guardianship were assigned to Ms. B, and Mr. A was allowed to meet his daughter twice a month. When the argument began, Mr. A started recording the scene on his mobile phone.

Ms. B shouted, "Don't film," and her younger sister, living with her, pushed Mr. A, her brother-in-law, to take away his phone. Ms. B also threw salt on Mr. A's face, and even the mother-in-law joined in, pushing and pulling her son-in-law's body and arms, engaging in joint violence. Eventually, both Mr. A and Ms. B called the police (112).

Mr. A reported, "My wife hit me with her fist and threw salt at me," while Ms. B reported, "My husband is hitting me in front of the child," prompting police intervention. Ms. C, who witnessed this, became anxious, clung to her mother, and shouted "Stop." Ultimately, Mr. A, Ms. B, the younger sister, and the mother-in-law?all four?were summarily indicted for exposing the child to a domestic violence situation involving a physical fight, constituting emotional abuse.

Ms. B and her family members received summary orders for fines ranging from 1.5 million to 2 million won for assaulting Mr. A. However, Mr. A appealed the summary order of a 500,000 won fine and requested a formal trial. Mr. A's side argued, "We were just meeting our daughter, and the conflict did not start because of video recording. We made specific protective efforts by saying 'It's okay, it's okay' to the child during the conflict, so it cannot be considered emotional abuse." However, the court's judgment differed.

Chief Judge Kim pointed out, "The defendant could have stopped the behavior that made the child anxious by ceasing the mobile phone recording or leaving the house, which was the cause of the conflict," and "It is also recognized that the defendant worsened the conflict by continuing to record without separating the child." He added, "The defendant also contributed to the daughter's emotional abuse," but "Considering mitigating circumstances, the act was done with indirect intent, and this is a first offense, so the sentencing is deferred."