Newborn Dies After Being Left at Motel; Biological Mother in Her 20s Sentenced to 3 Years and 6 Months at First Trial

[Financial News] A woman in her 20s was sentenced to prison at her first trial after being charged with leaving a newborn she had delivered at a motel unattended, causing the infant’s death.
On the 11th, the 14th Criminal Division of the Seoul Southern District Court, presided over by Judge Lee Jung-hee, sentenced Kim, 27, who had been indicted while in custody on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (child abuse murder), to three years and six months in prison. The court also ordered her to complete 40 hours of a child-abuse treatment program.
Kim was indicted on charges of giving birth to a child in the bathroom of a motel room in Yangcheon-gu, Seoul, at around 5 a.m. on February 22 and leaving the child in the toilet, causing the child’s death.
A few hours after giving birth, Kim herself called 119, but the child was already dead when paramedics arrived. An autopsy found that the cause of death was drowning and hypothermia.
The court said, “Human life is the highest legal interest protected by our laws and a value of dignity and absolute worth,” adding, “The defendant left the victim child unattended without taking even minimal protective measures, such as ensuring the child could breathe, and thereby caused the child’s death. The child died unable to express their wishes or seek help. Her culpability is grave.”
The court acknowledged that Kim had been psychologically unstable, given her history of psychiatric treatment and the sudden delivery. However, it rejected her claim of mental incapacity, saying it was difficult to conclude that her judgment or ability to control her actions had been impaired enough to warrant a reduced sentence. The court said, “An assessment of her medical records also noted that there was insufficient evidence to objectively establish whether she had actually experienced impaired consciousness at the time of the incident,” adding, “It is difficult to believe the defendant’s claim that she was unconscious or had impaired consciousness when she committed the crime.”
The court also took into account that she had searched for funeral homes on her phone around the time of the birth and then deleted the search history, as well as evidence that she had cleaned the bathroom.
The court nevertheless took into consideration the circumstances in which Kim learned of her pregnancy late and gave birth unexpectedly when it was difficult for her to seek help from those around her.
Kim reportedly learned she was pregnant at around 30 weeks, but was unable to have an abortion because the pregnancy was too far along. Investigators also found that she bought and took a product sold through social media (SNS) as medication to end a pregnancy, but it had no effect because it was not a legitimate medicine. It was also determined that she gave birth at a motel earlier than her due date while looking into adoption options.
The court found that “rather than actively intending the child’s death, she appears to have committed the crime with conditional intent, recognizing and accepting the possibility of death amid extreme bewilderment and confusion.” It also considered that the case differed from murders involving sustained and repeated abuse during the course of raising a child.
The court also considered it a mitigating factor that Kim eventually called for help herself, acknowledged the crime and expressed remorse, and had no prior criminal record. Her family and acquaintances’ pledge to provide her with ongoing attention and protection was also reflected in the sentence.
Earlier, police sought an arrest warrant for Kim after conducting one round of supplementary investigation. Kim was taken into custody on May 14 on grounds that she might flee, and was transferred to the Prosecution Office (then the Prosecution Service) on the 18th of the same month.
At the final hearing on September 30, the Prosecution Office asked the court to sentence Kim to 15 years in prison and impose a 10-year employment restriction.
[email protected] Park Sung-hyun Reporter