Biological Mother in Her 20s Who Abandoned Baby in Trash Can After Giving Birth in Workplace Restroom Sentenced to Two Years in Prison at First Trial

[Financial News]  A biological mother in her 20s who abandoned the baby she gave birth to in a shopping complex restroom in a trash can was sentenced to prison at her first trial. The baby was found by a coworker and survived, but was diagnosed with a permanent brain impairment.
On the 21st, according to Newsis and other outlets, the Seoul Central District Court's 29th Criminal Division, presided over by Judge Eom Ki-pyo, sentenced A, who had been indicted while in custody on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (attempted murder by child abuse), to two years in prison.
The court also ordered A to complete 40 hours of a child-abuse treatment program.
A was indicted for allegedly giving birth to a child in a restroom at a shopping complex where her workplace was located on April 3, then abandoning the child in a trash can.
The baby was found by A's coworker and taken to a hospital in cardiac arrest, where the baby received intensive treatment in the neonatal intensive care unit.

During the trial, A argued, "I was in a state of diminished mental capacity and had no intention of abandoning or killing the baby," but the court rejected her claim.
The court ruled, "Although she may have been taken aback by the sudden birth, putting a newborn who could not breathe adequately on its own into a trash can and covering the baby with tissue showed that she had at least an indirect intent to abandon and kill the child." It added, "We see no circumstances warranting a reduced sentence on grounds of diminished mental capacity or mental incapacity."
The court continued, "We first considered whether the relevant provision was constitutional, and whether it was appropriate to impose excessive criminal punishment on a mother who was taken aback immediately after an unexpected birth."

However, taking into account that the Constitutional Court of Korea ruled unanimously last year that the offense of death resulting from child abuse was constitutional, the court also interpreted the offense of murder by child abuse as constitutional under the current circumstances. It found that support for mothers in crisis was indeed inadequate in some respects, but that it would not be appropriate for the judiciary, which is not responsible for administrative support, to reduce the level of punishment on that basis.

The court said it had nevertheless determined the sentence by taking into account that the offense was only attempted and applying a reduction for mitigating circumstances.
Meanwhile, after indicting A while she was in custody, the Prosecution Office (then the Prosecution Service) sought a temporary order suspending the exercise of parental rights so the injured child could receive treatment, filed the birth registration itself, and also petitioned for a ruling to terminate her parental rights.
After receiving intensive treatment for about three months, the baby was admitted last July to a residential facility for infants and young children with disabilities. The baby has been diagnosed with a permanent brain impairment due to conditions including severe hypoxic-ischemic encephalopathy.


[email protected] Kim Su-yeon Reporter