From Yonhap News:
Court Declares Innocent Developmentally Disabled Man Who Throws Two Year Old Off Building and Kills Him
On May 18, the court declared innocent a developmentally disabled man who threw a two year off the third floor bannister of the emergency staircase.
The 7th Criminal Investigation Department of the Busan District Court declared Mr. Lee innocent of the alleged murder of a two year old baby.
He was also dismissed of medical and protective custody, as well as claim requests.
The justice department explained the innocence ruling, saying, “We acknowledge the killing, but as Mr. Lee had severe autism which is a level 1 developmental disability, he either could not distinguish between objects, or make his own decision when he committed the murder, so we cannot press charges.”
On the afternoon of December 3 last year, at 4:06 PM, in the third floor of a social welfare office in Busan, Saha-gu, Mr. Lee came across two year old baby A, and brought him to the outside bannister of the emergency stairs. He was charged with murdering the baby by throwing him from a height of 9.2m.
A’s mother, who saw Mr. Lee bring A to the outside emergency staircase said, “Don’t do this,” and grabbed Mr. Lee, scuffling with him but she was unable to prevent the disaster because he suddenly threw the baby.
A’s parents are “speechless” at the court’s ruling of innocence.
The prosecution are protesting the decision, and plan to appeal.
Comments from Naver:
So they’re saying that mentally disabled people have a license to kill??
I don’t think this is right.
Regardless, ruling him innocent is out of line.
In my opinion, it seems right for A’s then guardian or parents to be punished. Their professional negligence resulted in the death of the baby.
It’s hard to make a ruling in this kind of situation. You obviously can’t completely let developmentally disabled people off the hook, but you can’t tell them “You killed someone so you get the same sentencing.” In any case, the parents of the child must be heartbroken, so before arguing over the appropriateness of the sentence, we should first think about how the parents feel.
I’m not sure about the punishment for him, but he should at least be separated from the rest of society.
Then the family or the person responsible for looking after the physically disabled person should be punished. A two-year old child was killed, but no one is being held responsible? Is this country in its right state of mind? I am eagerly anticipating the higher courts’ different ruling in this case.
This isn’t right. The judges are wrong. Even if we say the man was not in a sound state of mind, this is an inappropriate ruling in regards to the developmentally disabled man and the victim’s parents. It would be natural for people to be repulsed by and biased towards people who are not in their right state of mind. If someone is not in a sound state of mind, then do they really receive a license to kill?
I really pity the baby…A two year old at the age when he should be starting to crawl..I don’t think this is right. There should be a limit to how much leeway you give mentally disabled people..
Even if he was unable to distinguish between objects, it’s going too far to dismiss the disposition of protective custody.
It looks like developmentally disabled people have a license to kill.