Case Overview:

A man in his 40s (A) was accused of murder and corpse abandonment after allegedly leaving his newborn son, born to his coworker and mistress (B), in a car trunk, resulting in the baby’s death.

He was also accused of abandoning the baby’s body in a coastal area in Hwaseong, Gyeonggi Province.

The Supreme Court (Justice Lee Sook-yeon, 3rd Division) upheld A’s acquittal on October 30, 2025 (Case No. 2025Do4020).


Lower Court Decisions:

First Instance:

Found A guilty of knowing the baby was in the trunk and failing to act.

Sentenced to 8 years in prison for aiding in the baby’s death and abandonment.


Appeal Court:

Overturned the conviction and acquitted A.

Accepted A’s claim that he did not know the baby was in the trunk.

Found his testimony consistent and free of contradictions from the moment of arrest.

Noted that he had believed B’s statement that the baby had been “put up for adoption through a hospital.”



Credibility Issues with the Mother’s Testimony (B):

Initially told police she acted alone and told A the baby was “already adopted.”

Later changed her statement, claiming A told her to abandon the baby.

The appeal court ruled that her change in testimony likely stemmed from emotional distress after A’s detention warrant was denied, feeling “betrayed.”

The timing of the reversal undermined her credibility.


Supreme Court Ruling:

Confirmed the acquittal.

Found no error in the appellate court’s reasoning regarding lack of conspiracy or reliability of testimony.

Declared that the lower court did not misinterpret legal principles concerning joint criminal liability or credibility assessment.


Legal Significance:

Reinforces that convictions cannot rest on inconsistent or emotionally influenced testimony.

Highlights courts’ caution in cases relying solely on co-defendant statements without corroborating evidence.

Demonstrates the principle that criminal guilt must be proven beyond reasonable doubt, especially in sensitive and emotionally charged cases.

Article:

https://www.lawtimes.co.kr/Case-curation/212700