The sentence of 35 years in prison has been confirmed for Yang, who was accused of abusing and killing a 16-month-old adopted child 'Jung In-i'.
The 3rd division of the Supreme Court (Chief Justice Kim Jae-hyeong) confirmed the lower court sentenced to 35 years in prison today (28th) by the high court of appeals for the mother-in-law Jang, who was charged with murder and other charges.
Ahn, who was accused of violating the Child Welfare Act (abandonment and neglect), was also sentenced to five years in prison.
Yang Mo Jang was arrested and charged with habitual assault and abuse of her daughter Jeong In, who was adopted between June and October 2020, and on October 13th, by giving a strong shock to her abdomen with her hands or feet, causing her to die.
Prosecutors indicted by applying the murder charge as the peripheral charges (the main crime facts) and the child abuse and homicide charges as the preliminary charges.
The intention is to punish Jang as a murderer if the intentional intent of the murder is recognized, but to punish him as a child abuse and homicide if not acknowledged.
Mr. Jang denied the intention to kill, but the courts of the first and second trial found that he had intention to kill, at least inevitably, and found him guilty of murder.
However, judgments about the sentencing were mixed.
The court of first instance sentenced the victim to life imprisonment, saying, "It caused the victim to die through unimaginable atrocities." It is difficult to believe that he did,” he said, and commuted the sentence to 35 years of fixed-term imprisonment.
The court of appeals said that it cannot be said that Jang had meticulously planned the crime in advance and prepared for the murder, and that the psychological problems that Jang had had had an influence on the crime.
Ahn, who was also charged with mistreatment such as neglecting Jeong-in and acquiescing to his wife Jang's abuse, was sentenced to five years in prison for both the first and second counts.
Both the prosecution and the adoptive parents appealed against the ruling, but the Supreme Court did not accept it.
In response to the prosecution's claim that the sentence was light, the court said, "The reason for the appeal of unfair sentencing set forth in the latter part of Article 383, No. 4 of the Criminal Procedure Act is for the benefit of the accused who has been sentenced to imprisonment of 10 years or more by interpretation." We cannot file an appeal on the grounds of unfair sentencing that is unfavorable to the accused, such as that the sentence of the sentence is light."
Prosecutors demanded the death penalty for Yang Mo Jang in the first and second counts.
(Photo = Yonhap News)