Stepfather in 'Iksan Middle Schooler Assault Death' Case Receives Final 13-Year Prison Sentence; Reason for 9-Year Reduction Explained

The stepfather involved in the death of his middle school stepson in Iksan, North Jeolla Province, last year has had his 13-year prison sentence confirmed by the Supreme Court. According to legal circles on July 21, the Supreme Court's First Division (presided over by Justice Cheon Dae-yeop) finalized the 13-year prison sentence for A (41) in May, who was indicted on charges including violation of the Child Abuse Punishment Act. A was initially indicted on charges of child abuse murder for allegedly beating his stepson to death, receiving a 22-year sentence in the first trial. However, in the second trial, it was revealed that the victim's older brother had provided the direct cause of death, leading to A being convicted of child abuse resulting in death and sentenced to 13 years in prison. A was brought to trial on charges of assaulting his stepson, B, by kicking him multiple times at their home in Iksan, North Jeolla Province, on January 31 of last year, leading to his death. The first trial found the charge of child abuse murder guilty and sentenced A to 22 years in prison. However, during the second trial, A claimed, "The true culprit is the victim's older brother," adding, "Immediately after the incident, I decided to take responsibility for the sake of my son's future and gave a false confession." The second trial accepted this argument. The court determined that the direct cause of B's death was not A, but B's older brother. The second trial noted that the brother's testimony had changed multiple times; he initially stated on the day of the incident that "I hit my younger brother," later said "I did not hit him" and "I am not sure," and finally testified in the appellate court that "My father told me to stomp on my younger brother." A recording of the brother telling his uncle on the day of the incident that "I hit him (my brother) a lot" also served as evidence. Instead, the second trial found A guilty of child abuse resulting in death, concluding that A had instructed B's brother to discipline his younger brother, and that A had condoned and neglected the situation while the brother kicked and assaulted B, ultimately leading to his death. Consequently, A's sentence was reduced to 13 years in the second trial. Generally, a charge of causing death without the intent to kill is punished more lightly than a charge of murder. A was also found guilty of the amended charges related to child abuse in the second trial, which included "frequently forcing B to read letters of apology, giving coercive specific instructions, and using verbal abuse." The appellate court pointed out, "It appears that the victim's brother, amidst the coercive and violent atmosphere throughout the day of the incident, the defendant's prior assaults, and the repeated instructions and discipline directed at him, could not endure it and vented his psychological pressure by impulsively assaulting the victim." The court added, "Given that the brother's assault also stemmed entirely from the defendant's actions, the defendant's responsibility is very heavy." Both the prosecutor and A appealed the ruling, but the Supreme Court dismissed the appeals, finding no errors in the second trial's judgment.
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