Left the Newborn Unattended After Birth Without Hospital Transfer; Intent Acknowledged
Appellate Court: "No New Mitigating Circumstances"
A woman who was indicted for abandoning her newborn immediately after birth, resulting in the baby's death, and disposing of the body in a clothing collection box, was again sentenced to prison in the appellate court. Investigations revealed that she concealed her pregnancy out of fear that the baby might be her ex-boyfriend's child, not her current boyfriend's, and abandoned the newborn after giving birth to avoid jeopardizing her relationship.
A woman accused of abandoning her newborn immediately after birth, causing the baby's death, and disposing of the body in a clothing collection bin was sentenced to prison again in the appellate court. (Photo for article understanding only and unrelated to the content.) Photo by Hyunmin Kim
On August 22, the Daejeon High Court's Criminal Division 1 (Presiding Judge Park Jinhwan) sentenced Ms. A, who was tried on charges of child abuse resulting in death and abandonment of a corpse, to four years in prison, upholding the original verdict and dismissing appeals from both the prosecution and the defendant.
Ms. A was accused of giving birth to a baby girl alone in the bathroom of her then-boyfriend Mr. B's home in Dangjin, South Chungcheong Province, in July of last year. Despite the baby not breathing, she held the infant for about an hour and a half without taking any action, resulting in the baby's death.
According to the investigation, Ms. A had previously given birth three times. Despite recognizing the newborn's critical condition, she neglected to seek medical assistance or call for help. It was later confirmed that, during the early morning hours, she placed the baby's body in a plastic bag and disposed of it in a clothing collection box.
The investigation found that Ms. A hid her pregnancy from Mr. B, believing the baby could be her ex-partner's child. Fearing the end of her relationship, she made an extreme decision. Ms. A also had a prior record, having received a suspended indictment in 2016 for abandoning a newborn in a motel.
Ms. A claimed she did not intend to abuse or kill the baby. However, the court of first instance stated, "Considering the circumstances and consequences of her actions, as well as the events that followed, the defendant bears significant responsibility," and added, "Despite her previous childbirth experience, she abandoned the infant, and her past record of abandonment was also taken into account," sentencing her to four years in prison.
During the appeal, Ms. A admitted to the killing but argued that the sentence was too severe, while the prosecution appealed on the grounds that the sentence was too lenient. The appellate court, however, stated, "The sentencing factors were thoroughly reviewed in the first trial," and "There are no new circumstances to consider at this stage, and the original ruling is reasonable," thus rejecting both sides' claims.
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