Husband Dies After Collapsing Drunk... Wife Who Left Him Acquitted

"Charged with Abandonment for Failing to Render Aid"
"Acquitted Through Jury Trial"

A woman who was indicted for abandonment after leaving her husband, who was drunk, had soiled his pants, and was lying collapsed at the entrance of their home without taking any action, and later found him dead, was acquitted by a jury trial.

On June 28, Yonhap News Agency reported that the 11th Criminal Division of the Uijeongbu District Court, presided over by Chief Judge Oh Changseop, acquitted defendant A, who had been indicted for abandonment.

On the morning of May 20, 2023, at around 10 a.m., A returned to her home in the Gyeonggi region and found her husband, B, lying drunk on the floor at the entrance. At the time, B was unconscious and had feces on his underwear and legs. A assumed that B had simply made a mistake after drinking, so she took a few photos of him but took no other action and left the house.

Afterward, A had a meal with her daughter and returned home around 3 p.m., only to find B still collapsed in the same spot. Only then did A sense something was wrong and called emergency services at 119. B was transported to the hospital but ultimately died. Prosecutors argued that A had a legal duty to check on B's condition, such as shaking him to see if he was conscious, but did nothing. They also noted that A had falsely told police she had called 119 immediately after finding her husband, which raised suspicions during the investigation.

This trial was conducted as a jury trial at A's request. A's attorney argued that A could not have anticipated B's death and had no motive to deliberately abandon him, even if she had recognized the emergency. Family members also testified that B frequently drank heavily and often fell asleep anywhere while intoxicated. Additionally, A reportedly called her daughter immediately after seeing B and lamented, "Your father has gone so far as to drink and soil his pants," and before returning home after going out, said, "I wonder if he's cleaned up the feces," indicating she had not anticipated his death at all.

As for why A gave a false statement about the initial discovery, she explained that she had simply thought her husband was sleeping after making a drunken mistake, and later felt deep regret and embarrassment for not checking more carefully. The court and jury found this explanation credible. The court stated, "The defendant has testified candidly, even about her anger toward the victim in daily life. Considering their relationship, the victim's habitual heavy drinking, and the photos from the scene, it is recognized that there was no intent to abandon. Therefore, we find the defendant not guilty."