Photo not related to article. [Getty Images Bank]
Photo not related to article. [Getty Images Bank]

A man in his 30s was acquitted for a second time on charges of negligent homicide in connection with the death of his 3-month-old son.

The Third Criminal Division of the Gwangju District Court dismissed the prosecution's appeal Wednesday, upholding the not-guilty verdict from the first trial against A, 33, who was indicted on charges of negligent homicide.

A was charged after his 84-day-old son, identified as B, died in 2024 following an incident at the family home in which A fell asleep after putting the infant to bed and failed to properly care for him.

On the day of the incident, A had been drinking with acquaintances before feeding B formula and watching over him until 3:20 a.m., when he fell asleep. B died while A remained asleep until 7:20 a.m. that morning.

Investigators determined that B, who was not yet able to hold his head up, likely rolled over and suffocated when his face was pressed against the mattress.

The first-instance court ruled that it was difficult to conclude beyond reasonable doubt that A had been negligent through omission under criminal law, or that a substantial causal link existed between any such negligence and the child's death. It also held that parents drinking alcohol in a household with a newborn could not in itself be deemed unlawful.

The court added that A's failure to stay awake and watch over B, or his not noticing the moment of death, was insufficient on its own to establish negligence — particularly given that the circumstances of the child's death remained speculative.

The appeals court concurred. "We have reviewed the record again in detail and cannot find the factual error the prosecution alleges," it said. "The original verdict is upheld."


choigo@heraldcorp.com