Daughter-in-law Who Kicked Disabled Mother-in-law in the Abdomen: Not Guilty in First Trial, Fined on Appeal

Suwon District Court Imposes 1 Million Won Fine
Crime Committed in Anger Over Alleged Insult

A woman in her 40s who assaulted her 60-something mother-in-law with a disability?kicking her in the abdomen and grabbing her by the hair?because she claimed her mother-in-law had cursed at her, was found not guilty in the first trial but received a fine on appeal.

According to a report by Yonhap News on May 4, the Suwon District Court Criminal Appeals Division 5-1 (Presiding Judges Kim Haengsun, Lee Jongrok, and Park Shinyoung) overturned the initial not-guilty verdict for the woman, referred to as A, who was charged with causing bodily injury, and sentenced her to a fine of 1 million won.

Suwon District Court building. Photo by Yonhap News

In January 2022, A visited the residence of her mother-in-law, B (who was 65 years old at the time), in Anseong, Gyeonggi Province. She was put on trial for allegedly kicking B in the abdomen three times, grabbing her by the hair, and knocking her down, resulting in injury. At the time, B was temporarily caring for her grandchild, A's child. B called A, demanding child support, and said, "You are a bad person. You receive basic livelihood support and child allowance, so why don't you send money for diapers?" Angered by this, A went to B's house and committed the assault.

In the first trial, A admitted, "There was a scuffle while taking my son, and I did push the victim's arm once," but she denied causing the injuries described in the indictment. At the sentencing hearing in November 2023, the court acquitted A, stating that it was difficult to conclude that the prosecution's case was proven beyond a reasonable doubt based solely on the evidence submitted by the prosecutor, especially since the victim failed to appear as a witness without a valid reason despite the court's summons.

However, the appellate court reached a different conclusion. The appellate panel determined that, because B is paralyzed in the lower body with a level 3 physical disability and is almost unable to go out alone, her absence as a witness in the first trial could not be considered without a valid reason. The court also found that the details of the crime in B's police statement were sufficient to recognize the defendant's actions as described in the indictment.

The appellate court explained its sentencing by stating, "The defendant assaulted the victim, who has a lower-body paralysis and physical disability, and considering the circumstances and nature of the crime, her culpability is by no means light. The defendant has consistently denied the offense and has made no effort to seek forgiveness from the victim."