Child Benefits Spent on Game Items and Personal Food
Initial Sentence: 1 Year and 6 Months in Prison
Reduced to Suspended Sentence on Appeal
A man in his 20s who neglected to feed his two- and three-year-old sons after his wife left home, instead spending child benefits on game items while being addicted to gaming, received a suspended sentence in his appeal trial.
According to the legal community on October 22, the Gwangju District Court’s Criminal Division 4 (Presiding Judge Bae Eunchang) overturned the original verdict of 1 year and 6 months in prison for Mr. A (28), who had been convicted of violating the Child Welfare Act (child abandonment and neglect), and sentenced him to 1 year and 6 months in prison, suspended for 4 years. The court also ordered Mr. A to complete 40 hours of child abuse recidivism prevention education and imposed a 5-year employment restriction from child-related institutions.
Mr. A was indicted for neglecting his three-year-old son and two-year-old twin sons for about three months, from early January to March 24, at a residence in South Jeolla Province. Despite his wife leaving home due to marital discord, Mr. A spent his nights playing games and failed to care for the three children left behind.
The children reportedly only had formula or baby food once a day, and the twin sons began exhibiting abnormal behavior, such as banging their heads against the wall out of hunger, starting in early March. Neighbors also filed complaints about noise between floors, but Mr. A did not take any action.
It was also reported that Mr. A’s home was in a poor condition, with garbage piled up causing a foul smell, and the children’s bedding reeking of feces. The three children were left confined in the garbage-filled house without being allowed outside. The child benefits provided by the government were used by Mr. A to purchase game items and his own food.
The court of first instance stated, "Given the seriousness of the crime, which endangered the lives of infants by neglecting them for an extended period, a prison sentence is inevitable," and sentenced him to 1 year and 6 months in prison.
However, the appellate court ruled, "Punishment commensurate with the crime is necessary," but added, "However, considering that the defendant admitted to his wrongdoing, that the children still need their parents, and that the grandparents have pledged to care for the victims, the original sentence was somewhat heavy."
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