Court reduces sentences in newborn killing case, acquits mother - The Korea Times

Court reduces sentences in newborn killing case, acquits mother

A doctor and assistant hold a newborn baby after performing a cesarean section in this undated photo. gettyimagesbank

A doctor and assistant hold a newborn baby after performing a cesarean section in this undated photo. gettyimagesbank

A Korean appellate court has reduced sentences of a hospital director and a surgeon convicted of killing a newborn baby shortly after it was delivered via cesarean section, while acquitting the mother of all charges.

The Seoul High Court sentenced the hospital director surnamed Yoon to four years in prison, along with a fine of 1.5 million won ($1,000) and forfeiture of 9 million won. The operating surgeon, identified as Shim, received a sentence of two years and six months. Both were also banned from working at child-related institutions for five years. Their sentences were reduced from six years and four years, respectively, in the first trial.

The mother, Kwon, who had previously been convicted as an accomplice to murder and given a suspended three-year sentence, was acquitted on appeal. The court ruled that she may have believed the fetus had already died in utero and found insufficient evidence that she was aware the doctors would kill a live-born infant.

The court upheld the finding that Yoon and Shim performed a cesarean section in June 2024 when Kwon was 34 to 36 weeks pregnant, and then killed the newborn by covering it and placing it in a freezer.

However, it rejected the lower court’s finding of “conditional intent” on the part of the mother. The judges noted that Kwon had asked brokers whether the baby was stillborn and was told that it was. There was no evidence she knew the brokers had not confirmed this with medical staff.

The court also cited her lack of medical knowledge and her decision to upload on YouTube a video documenting her experience as factors supporting her claim of ignorance.

The case was first brought to light after the video sparked public controversy, prompting a government investigation in 2024.

Ko Dong-hwan

Covering the food & beverage industry, beauty, fashion, retail markets, the Ministry of Land, Infrastructure and Transport, the Ministry of Agriculture, Food and Rural Affairs and related people and entities worldwide

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