A Parent Who Threw a 'Poop Diaper' at a Daycare Teacher's Face... Sentenced to Prison in Appeal Trial

Six-Month Prison Sentence Overturns Suspended Sentence in First Trial
"Serious Nature of the Crime and No Remorse"

A parent in their 40s who was suspected of abusing their child and hit a daycare teacher’s face with a diaper soiled with feces received a prison sentence in the appellate court, overturning the original ruling that had given a suspended sentence.

On the 17th, the 3-3 Criminal Division of the Daejeon District Court (Presiding Judge Park Eun-jin) sentenced Ms. A (female, in her 40s) to six months in prison in the appeal trial for assault charges, according to Yonhap News. The court accepted the prosecution’s appeal, which argued that the first trial’s sentence of six months in prison with a two-year suspension was too lenient.

Front view of Daejeon District Court.

Ms. A was prosecuted for assault after she unfolded a diaper soiled with her second child’s feces and hit the face of daycare teacher Mr. B (53) in the bathroom of a hospital room in Sejong City around 4:20 p.m. on September 10, 2023, causing bruises and other injuries that required two weeks of treatment. At the time, Ms. A was at the hospital due to her second child’s hospitalization. She had been suspecting abuse after her eldest son (2) was injured at the daycare center. When the daycare center director and Mr. B visited the hospital, Ms. A, in a fit of anger during their conversation, committed the assault.

The first trial court sentenced Ms. A to six months in prison with a two-year suspension. Both Ms. A and the prosecution appealed, with the prosecution demanding a one-year prison sentence, the same as in the first trial. The prosecution stated the reason for the demand, saying, “Ms. A’s guilt is not light, and the defendant still claims to have entered the victim teacher’s hospital room without permission, showing little remorse.”

The appellate court stated, “Whether planned or impulsive, deliberately smearing another person’s face with filth is an act intended to insult the other party according to common social norms.” It added, “Despite a considerable amount of time having passed since the crime, the victim still suffers mental distress to the extent that she cannot continue her work as a childcare teacher.” The court also pointed out, “The defendant did not simply throw the diaper but rubbed it on the victim’s face to the extent that the victim’s glasses were broken and feces were smeared on her face, hair, clothes, and glasses lenses, which shows the bad nature of the crime.”

Furthermore, the court noted, “Even while the investigation of this case was ongoing, the defendant filed complaints against the victim for multiple child abuse allegations, all of which were dismissed without indictment.” The court also found it difficult to consider the fact that Ms. A deposited 2 million won in the original trial and paid 35 million won following the court’s recommendation for settlement in a civil damages case as favorable factors for sentencing. The court stated, “The victim did not accept the deposit and continues to express a desire for severe punishment, so it is difficult to see that the victim’s damages have been remedied, and the defendant has neither apologized nor shown remorse.”

The court rejected all of Ms. A’s claims that the sentence was unfair because the incident was not an infringement of teacher’s authority but an accidental crime caused by the victim’s unauthorized entry into the hospital room. Considering the victim’s suffering, the court judged the original sentence to be excessively lenient and imposed a heavier prison sentence. Immediately after the verdict, Ms. A was reported to have broken down in tears, saying, “I have two young children and no one to raise them,” and “I have reflected a lot. Please give me a chance.”