Incheon District Law “The victim who called her mother died miserably due to brain death”
A woman in her thirties who killed her 3-year-old daughter by beating her three-year-old daughter was sentenced to 10 years in prison and arrested in court.
The 13th Criminal Division of the Incheon District Court (Deputy Judge Go Eun-seol) sentenced A (35, female) to 10 years in prison for child abuse and fatality under the Special Cases Act on the Punishment of Child Abuse Crimes at a sentencing trial held on the 15th.
The court also ordered Mr. A to complete a 120-hour child abuse treatment program and restricted him from working in child-related institutions for 10 years.
The judge explained, “The defendant beat a young victim of 3 years old who called himself’mother’ and killed him,” and said, “The victim fell into a state of brain death and ended his short life miserably.”
He added, “The victim’s father complained of extreme mental pain and filed a petition stating that he wanted severe punishment,” he added.
However, he stated the reason for the sentence, saying, “It is a first criminal who has not been subjected to criminal punishment in the past, and the criteria for recommending sentence for child abuse and fatality are 6 to 10 years in prison (if there is a weighting factor).”
Earlier, the prosecution sentenced Mr. A to 20 years in prison, saying, “The method of crime is cruel, such as hitting a young victim with a blunt weapon,” at a decision trial held in November last year.
Mr. A admitted that he was abused during the trial, but denied the allegation of’lethality’.
He argued through a lawyer in court that “there is no causal relationship between the abuse and the death of the victim, and the death of the victim at the time of abuse could not be predicted.”
However, the neurosurgeon or autopsy doctor who treated the victim said that “a crushed skull fracture (which appears from the victim) is caused by a fairly strong impact” or “it is possible only when there is a strong external force with a blow that is pulled using a stick or bamboo sword. He expressed his opinion to the court.
On January 28, 2019, Mr. A was charged with slapping the head of his daughter B (3) several times with a blunt at his home in Gwangju, Gyeonggi-do, and killing him.
He also pushed Ms. B’s chest hard to hit the floor or repeatedly beat her with his hand.
Ms. B fell into a brain-dead condition due to subdural hemorrhage after a broken skull, and died on February 26 of the same year, about a month later.
Mr. A said,’Another X hit. I warned you in advance. I pushed it. It was confirmed that a KakaoTalk message was sent to acquaintances with the content of ‘I hit one of my ears without notice.’
He was found to have committed the crime because Miss B did not organize her toys or chased and harassed her dog. In the prosecution’s investigation, Mr. A denied the allegations in relation to the skull fracture, saying, “The child fell down while riding a toy slide at home alone and bumped his head.”
The prosecution claimed that the young victim, who was only three years old, was severely abused to the point of death due to a skull fracture, and requested A’s arrest warrant, but was dismissed in the court.
In the end, at the beginning of January last year, nearly a year after the incident, Mr. A was handed over to trial in a state of disability, and a sentence was held on the same day after a year.
The statutory sentence for committing child abuse and fatality is life imprisonment or imprisonment of 5 years or more, and the basic sentence for the crime recommended by the Supreme Court’s sentencing committee is 4-7 years in prison. If there is a weighting factor, the recommended sentence is increased to 6-10 years in prison.
However, the Supreme Court’s sentencing committee recommended that the sentence of imprisonment for up to 15 years through special weighting if there are more than two weighting factors even though the number of weighting factors and the number of reduction factors were subtracted from the weighting factor and the reduction factor respectively.
/Incheon = Reporter Jang Hyun-il [email protected]
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