A woman in her 30s who fatally struck her eight-month-old son in the head several times with a television remote control was sentenced to 12 years in prison. Prosecutors had sought a life sentence, but the court found it difficult to establish intent to kill and applied the charge of child abuse resulting in death.
The 2nd Criminal Division of the Suwon District Court's Ansan Branch, presided over by Judge Park Ji-young, sentenced the defendant, identified only as A, to 12 years in prison on the 15th. A had been indicted and detained on charges of violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes, specifically child abuse murder. The court also ordered A to complete an 80-hour child abuse treatment program and barred A from working at child-related institutions for 10 years.
A was charged with striking the head of her eight-month-old son, identified as B, several times with a television remote control at their home in Siheung, Gyeonggi Province, on April 10, causing his death.
Immediately after the assault, A took B to the emergency room of a hospital in Bucheon, Gyeonggi Province. Medical staff confirmed a skull fracture and told A and her spouse that the infant needed to be hospitalized, according to accounts of the case. A did not admit the child to the hospital and took him home instead.
B's condition then deteriorated, including vomiting. A returned to a hospital on April 13, three days after the assault, when B lost consciousness. B died the following morning after failing to receive timely treatment.
The central issue at trial was whether A had intent to kill. The court concluded it was difficult to find that she had deliberately allowed the death to occur, noting that she sought medical care after the child's condition worsened. It therefore applied the charge of child abuse resulting in death rather than child abuse murder.
"There is a strict standard for intent to kill," the court said. "When B's condition worsened with symptoms such as vomiting, A visited a pediatric clinic and then went to a general hospital on the advice of a specialist." The court added that A "checked on the child's condition through her spouse or a babysitter and looked into whether further medical treatment was needed."
The court also said that "although the child ultimately died after the hospital visit on the evening of April 13, the court finds that she did not deliberately delay care with the aim of causing the child's death, given that she went to the hospital and listened to the medical staff's assessment."
The court did, however, find a causal link between A's assault and B's death. "While this is difficult to treat as child abuse murder, the autopsy findings show that the victim's skull was significantly separated, and this is recognized as a result of A's actions," the court said. "Although intent does not appear to have been present, she would have been aware of the possibility of the child's death."
The sentencing also took into account the repeated assaults and A's conduct after the incident. "She continuously assaulted the victim, who was born less than a year after she gave birth to her first son, and showed an attitude of making excuses for her own actions," the court said.
"At the hospital, she did not properly explain to medical staff the reasons for the child's condition, and follow-up measures were not properly carried out," the court said in explaining the sentence. "The court weighed both mitigating and aggravating circumstances, including the fact that her spouse also expects a severe punishment."
The Ansan Branch of the Suwon District Prosecutors' Office, now the Ansan Branch of the Suwon District Public Prosecution Office, had sought a life sentence for A in July.