Mother sentenced to 3.5 years in prison for newborn's death at Seoul motel

A woman in her 20s charged with abandoning her newborn after giving birth at a motel, causing the infant's death, has been sentenced to prison.

The 14th Criminal Division of Seoul Southern District Court sentenced Kim, 27, to three years and six months in prison on Wednesday on charges of child abuse homicide. The court also ordered Kim to complete 40 hours of a child abuse treatment program.

The court said it found it difficult to accept Kim's claim that she had lost or significantly diminished consciousness during the birth, and said there was insufficient basis to conclude she had been in a state of diminished mental capacity.

The court also said that despite her duty as the birth mother to protect a newborn, Kim made no minimum effort — such as removing the infant from the toilet and securing its airway — and allowed the baby to die because she believed she could not raise the child. "The nature of the offense is grave and the responsibility is heavy," the court said.

However, the court took into account in sentencing that Kim had learned of her pregnancy late and had been in a situation where she found it difficult to tell her then-boyfriend or her family. Investigators found that after confirming the pregnancy, Kim had looked into terminating it, but the pregnancy had already reached more than 30 weeks, making the procedure impossible.

Kim purchased the abortion drug mifepristone through SNS, but the product delivered was not a legitimate pharmaceutical and the termination failed. She was also found to have explored placing the child for adoption through the country's safe-birth protection system.

The court noted that Kim had gone into labor unexpectedly at a hotel where she was staying with her boyfriend, somewhat earlier than her due date. It said she appeared to have felt shock and fear at a situation she had not anticipated, having no prior experience giving birth.

The court went on to say that the offense did not appear to have been planned or prepared in advance, but rather was an impulsive act that occurred in the course of a sudden delivery. It added that the case differed in its circumstances and nature from a typical child abuse homicide.

The court also considered that Kim had blamed herself for causing the child's death, had shown remorse in court, and had no prior criminal record. Family members and acquaintances had also expressed their intention to support her treatment and overall welfare going forward.

Kim was indicted on charges of abandoning the newborn and causing its death after giving birth in the toilet of a hotel room in Yangcheon-gu, Seoul, at around 5 a.m. on Feb. 22. Investigators found that immediately after the birth, Kim searched online for funeral services and did not call 119 until several hours later. When firefighters arrived at the scene, the infant was already dead.

The National Forensic Service had informed police that the infant's cause of death was presumed to be hypothermia and drowning.

At the final hearing on Sept. 30, prosecutors sought a sentence of 15 years in prison for Kim.