Father who suffocated baby loses appeal, court upholds seven-year sentence

An appellate court upheld a seven-year prison sentence for a father who stuffed clothing into his 10-month-old son's mouth and suffocated him, the Gwangju High Court said Friday.

The defendant stuffed clothing into his son’s mouth after the infant woke up crying at their home in Suwon, Gyeonggi, at about 10 p.m. on Dec. 26, 2022.

“You're too loud,” the defendant told his son during the incident. The infant, unable to cry after the clothing was forced into his mouth, was left alone through the night and died of suffocation about 11 hours later.

A lower court found the father guilty of child abuse resulting in death and sentenced him to seven years in prison.

“The infant had likely suffered extreme physical and psychological pain,” the district court said. “Given the victim's age and stage of development, the defendant's conduct was as serious as murder committed with willful negligence.”

Although the defendant appealed, it was dismissed.

“The defendant has consistently claimed that he did not have a definite intent to kill,” the court said. “Had he intended to cause the victim's death, he would have been charged with murder rather than child abuse resulting in death. That cannot be regarded as a factor in his favor, and the initial ruling remained within the reasonable bounds of judicial discretion.”

BY JEONG HYE-JEONG [[email protected]]