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33-Day-Old Infant Dies from Abuse by Cohabiting Partner... Negligent Mother Receives Suspended Sentence

Court Sentences Mother to Two Years in Prison, Suspended for Three Years
Orders Child Abuse Prevention Education

On December 14, Yonhap News reported that a mother who failed to prevent her cohabiting partner from repeatedly abusing their son, who was just over one month old, resulting in the child's death, was sentenced to a suspended prison term by the court.

33-Day-Old Infant Dies from Abuse by Cohabiting Partner... Negligent Mother Receives Suspended Sentence The mother who failed to prevent her cohabiting partner from repeatedly abusing their son, who was just over one month old, leading to the child's death, was sentenced to a suspended prison term by the court (photo used for article illustration purposes and is unrelated to the content). Pixabay

On December 14, the Incheon District Court’s Criminal Division 2 announced that it had sentenced Ms. A (22), who was indicted on charges of child abandonment and neglect under the Child Welfare Act, to two years in prison with a three-year suspension. The court also ordered 40 hours of education to prevent repeat child abuse offenses under probation supervision and prohibited her from working at any child-related institution for five years.


Ms. A was brought to trial on charges of failing to take appropriate protective measures despite knowing that her common-law partner, Mr. B, was repeatedly abusing their 33-day-old son, referred to as Child C, at their home in Namdong-gu, Incheon, in August last year.


According to the investigation, Mr. B pressed or struck the baby's face with his hands or a pillow out of irritation because the child kept crying. Child C died the following day from traumatic subdural hemorrhage after suffering severe abuse. At the time, Child C had been discharged after receiving treatment in the neonatal intensive care unit for more than 20 days due to meconium aspiration syndrome immediately after birth.


The investigation also revealed that even before the child was born, Mr. B had demanded that Ms. A, who was pregnant at the time, have an abortion or had committed acts of violence against her, citing financial burdens.


It was found that even in a critical situation where the child was unable to breathe normally, Ms. A did not report the emergency immediately. Instead, she sent a message to a youth parent support group contact, stating that the baby was sleeping, out of fear that Mr. B’s criminal record would be exposed, and only reported the incident about 45 minutes later.


The court determined that Ms. A bore significant responsibility, as her neglect led to the grave outcome of her child's death. However, the court also considered several mitigating factors in sentencing: she was continuously exposed to violence and threats during her pregnancy and childbirth; there were indications that she attempted to intervene in some instances of abuse; she ultimately reported the incident after it occurred; and her testimony during the investigation helped reveal the full circumstances of the crime. The fact that Ms. A is currently pregnant again was also mentioned as a factor in the court’s decision.


It has been reported that a separate criminal trial is ongoing for Mr. B, who directly abused and killed the child.


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