The highest court approved an 11-year jail term for a biological father who repeatedly struck his 10-year-old son with a baseball bat, resulting in the child’s death.
The First Division of the Supreme Court (led by Presiding Justice Seo Kyung-hwan) recently rejected an appeal, concluding with the lower court’s 11-year sentence for Seo Mo, who was accused of causing a child’s death through abuse and committing acts of child abuse.
In August 2022, Seo was furious when his son lied about finishing his homework, leading him to make the child lie on his stomach and hit his backside three times with an aluminum baseball bat. As reported, Seo had previously reprimanded his son for lying, which caused the child to flee from home twice due to fear.
The situation worsened in January of the previous year. After his wife informed him, “The son lied about finishing his homework and left the house,” Seo tried to speak with the child that evening. When the son refused to answer and threw items in protest, Seo chose to punish him using a baseball bat.
Seo initially instructed his son to endure “only five hits,” but the child refused, stating, “Since I was wrong, I will leave home and live on my own.” Furious, Seo seized the child’s collar and started hitting him with a bat. According to the investigation, Seo hit the child’s arms, legs, hands, and feet about 20–30 times. The son was taken to the hospital and passed away the next morning due to traumatic shock.
The initial trial sentenced Seo to 12 years in prison, 40 hours of child abuse counseling, and a five-year restriction from working at organizations involving children. The court remarked, “The defendant seems to have struck the victim with considerable strength, something a 10-year-old child would have found intolerable. The physical and emotional pain experienced by the child, who attempted to escape from his strong, adult-sized father, must have been severe.”
Seo filed an appeal, claiming the sentence was excessively severe. The appellate court lowered the prison term to 11 years, stating, “It is difficult to comprehend the physical and emotional suffering the 10-year-old victim experienced prior to his death as a result of the defendant’s abuse. Nevertheless, the defendant confessed to the crime during the initial investigation and expressed regret. The victim’s mother does not want further punishment, and the defendant has other children to care for.” The Supreme Court supported the lower court’s decision and rejected the appeal.
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