A mother who was charged with killing her fetus after a cesarean section at 36 weeks of pregnancy has been acquitted in an appeals court. Meanwhile, the hospital director and the surgeon involved in the case were found guilty of fetal homicide, but their sentences were reduced from the first trial.
On July 23, the Seoul High Court's Criminal Division 5, led by Judge Kim Yong-seok, acquitted the mother, identified as Kwon. The first trial had sentenced her to three years in prison, suspended for five years, after recognizing her as an accomplice in the murder. However, the appeals court overturned that decision.
The court determined that it was difficult to conclude that Kwon was aware that the fetus would be killed after being born alive. It found that Kwon believed the fetus would be stillborn and did not know that medical staff would kill a living fetus. Therefore, the court ruled that the intent to commit murder, as recognized in the first trial, could not be established.
The court noted that Kwon had received information through a broker stating that the fetus would be stillborn and did not verify the fetus's condition with medical staff, which indicated her belief in that explanation. Additionally, the mere fact that she signed a consent form allowing the hospital to handle the fetus did not imply that she accepted the killing of a living fetus.
Furthermore, the court referenced Kwon's decision to create and share a video of her recovery process on YouTube after the surgery as part of its reasoning. The court stated, "It is hard to believe that she would post a video on a public channel knowing that she had given birth to a living fetus and that it would be killed artificially."
In contrast, the hospital director, identified as Yoon, and the surgeon, identified as Shim, were found guilty of murder. According to Yonhap News, the two were charged with killing the fetus after performing a cesarean section on Kwon, who was between 34 and 36 weeks pregnant, in June 2024, by covering the fetus with a plastic wrap and placing it in a freezer.
The appeals court sentenced Yoon to four years in prison, a fine of 1.5 million won, and a confiscation order of 9 million won, while Shim received a sentence of two years and six months. Both were also banned from working in child-related institutions for five years, a reduction from the six-year and four-year sentences imposed in the first trial.
The court criticized the actions, stating, "Murder is a crime that takes away the absolute value of life and cannot be justified for any reason," adding, "It is hard to imagine the fear the victim faced while struggling for life."
However, regarding sentencing, the court acknowledged that a pregnant woman's right to decide whether to continue her pregnancy is derived from the constitutional right to self-determination. It considered that the crime stemmed from Kwon's desire to terminate her pregnancy. The defendants' acknowledgment of their actions and expressions of remorse in court were also taken into account for the reduced sentences.
This case gained public attention when Kwon shared her abortion experience on YouTube, prompting the Ministry of Health and Welfare to file a complaint with the police in July 2024, leading to the investigation.
* This article has been translated by AI.
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