Neglect Leading to Death of 19-Month-Old Daughter... Mother in Her 20s Sentenced to 12 Years in Prison
Court Finds "No Intent to Kill"
Conviction for Child Abuse Resulting in Death, Not Murder
A woman in her twenties was sentenced to a lengthy prison term after being brought to trial for causing the death of her 19-month-old daughter due to severe malnutrition, having failed to properly feed her.
According to Yonhap News on August 21, the Incheon District Court Criminal Division 14 (Presiding Judge Son Seungbeom) sentenced Ms. A (29), who had been indicted and detained on charges of child murder under the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, to 12 years in prison. The court amended the indictment to child abuse resulting in death, rather than child murder. The court also ordered Ms. A to complete 200 hours in a child abuse treatment program and imposed a 10-year employment restriction from institutions involving children.
Ms. A was brought to trial for causing her second daughter, referred to as B, to die from not providing proper food at their home in Namdong-gu, Incheon, on March 4, and for physically abusing her first daughter on two occasions. According to the autopsy, B died from malnutrition and dehydration. At the time of death, B weighed just 4.7 kg, which is less than half the average weight (10.4 kg) of girls of the same age. Before her death, B was in such poor health that she lacked the strength to even hold her own bottle.
The prosecution's investigation found that since January, Ms. A neglected B in a room without properly providing even milk or baby food, and there were times she didn't feed her for up to 67 hours. Additionally, from February 28—right before B died—Ms. A left B alone at home for 92 out of 120 hours over five days, while she visited a theme park and a jjimjilbang sauna.
Ms. A was a basic livelihood security recipient and head of a single-parent household, receiving more than 3 million won per month in public assistance such as living benefits and child benefits. Additionally, she received monthly food ingredients from a food bank supporting vulnerable groups.
The court determined that, based on various records and evidence submitted by the prosecution, it was difficult to conclude that Ms. A intentionally intended to murder her daughter B. Therefore, the court found her guilty of child abuse resulting in death rather than child murder.
The panel explained, "Clinical psychological assessments show that Ms. A has borderline intellectual functioning, lacks sufficient awareness of parental responsibility, and has limited knowledge and attention to what is required. It is difficult to evaluate the defendant by the same standards as an average person of normal intelligence." The court added, "It appears that Ms. A, after hearing concerns that B was very thin, purchased and fed expensive formula as recommended. Home camera footage also shows Ms. A trying to feed B baby food, and when she refused, providing formula instead."
The judges further noted, "Medical opinion indicates that with a certain amount of formula, sustaining life is possible. Given Ms. A’s intellectual abilities, it is possible she made the misguided choice to feed only formula as B refused to eat baby food in an attempt to increase her weight." The absence of clear signs of abuse in the autopsy, her efforts to have B vaccinated, and her intent to send B to daycare were also considered.
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On sentencing, the court stated, "The defendant is severely culpable for causing B's death by failing to provide sufficient food despite being aware of her deteriorating health and leaving her unattended for extended periods." The court continued, "In sentencing, we took into account the fact that, except for the intent to kill, the defendant acknowledges most of the facts, has no prior record beyond fines, and that the death occurred while she, as a single mother facing difficulties, made some efforts toward normal child-rearing."
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