A biological father who stuffed clothing into his 10-month-old son's mouth to stop him from crying, resulting in the infant's death, has been sentenced to prison in his appellate trial.
The Jeonju Branch of the Gwangju High Court, Criminal Division 1, announced today (July 17) that it dismissed the appeal filed by the 29-year-old defendant, identified as A, and upheld the original sentence of seven years in prison for child abuse resulting in death.
A was indicted on charges of stuffing clothing into his son's mouth and leaving him unattended at their home in Suwon, Gyeonggi Province, at approximately 10:00 p.m. on December 26, 2022, which led to the child's death.
Investigations revealed that A committed the act because he was annoyed by his son, who had woken up and was fussing.
The victim was left lying alone throughout the night and died of suffocation 11 hours later.
The first-instance court sentenced the defendant to prison, noting that the physical and mental pain the victim must have endured would have been extreme. The court further pointed out that, considering the victim's age and developmental stage, the defendant's actions were as grave as murder with oblique intent.
A subsequently appealed, claiming the sentence was too harsh.
The appellate court explained that while the defendant consistently argued he lacked definitive intent to commit the crime, if he had intended to cause the victim's death, he would have been charged with murder.
The court further stated that this cannot be viewed as a mitigating factor for the defendant, and therefore, it is difficult to conclude that the original sentence exceeded the reasonable bounds of judicial discretion, explaining the reasons for dismissing the appeal.
(Photo: Yonhap News)
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