Father in 30s Who Threw 4-Month-Old Daughter for Crying Gets Reduced Sentence Due to Momentary Stress

A man in his 30s who abused his 4-to-5-month-old daughter, leaving her with permanent disabilities, has received a reduced sentence in his appellate trial.

The 1st Criminal Division of the Busan High Court Ulsan Branch overturned the lower court's ruling that sentenced Mr. A, who was indicted on charges of violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes and the Child Welfare Act, to four years in prison, sentencing him to three years instead.

Orders for 40 hours of a child abuse treatment program and a five-year employment restriction at child-related institutions remained unchanged.

Mr. A was indicted on charges of abusing his daughter, who was 4 to 5 months old at the time, on five occasions between February and March of last year, such as shaking her up and down or throwing her because she cried, causing her head to hit the ceiling.

Due to the abuse, Mr. A's daughter lost consciousness, suffered a subdural hemorrhage, and underwent brain surgery twice. She was diagnosed with a brain lesion disorder as an aftereffect and registered as a person with a disability.

The first-instance court stated, "As the biological father, the defendant shirked his duty of protection, abused the victimized child multiple times, and caused permanent disabilities, while making excuses and evading responsibility."

The appellate court accepted Mr. A's argument that "the sentence is too heavy."

The court explained, "The defendant took parental leave to care for the victimized child after birth, and his momentary failure to endure the stress accumulated while primarily responsible for sleep appears to have been one of the causes of this crime."

It added, "Considering that he attempted measures to help restore the victim's condition and is a first-time offender with no prior criminal record, it is difficult to view his risk of reoffending as high."

The court further noted, "The victimized child appears to need ongoing rehabilitation treatment and financial support for it in the future."

It also stated, "Other favorable sentencing factors taken into consideration include the need for the defendant to return to society after punishment and fulfill his responsibilities as a biological father by paying for medical and child-rearing expenses."

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.