Drunken Husband Found Lying in Feces… Wife Who Went Out Without Taking Action Acquitted

A wife who went out leaving her husband lying in feces at the front door, only to find him dead later, was charged with abandonment. However, the jury determined that it was not a case of 'intentional abandonment.'

On the 28th, the 11th Criminal Division of the Uijeongbu District Court announced that it acquitted the defendant, Ms. A, who was indicted on charges of abandonment. This trial proceeded as a jury trial at the request of the defendant A.

The situation at that time was as follows: On May 20, 2023, at around 10 a.m., Ms. A returned home to their residence in Gyeonggi Province and found her husband, Mr. B, lying on the front floor. He appeared to be unconscious, with feces on his underwear and legs.

However, Ms. A took no significant action; instead, she took a few photos of her husband and went out. She returned home around 3 p.m. after having lunch with her daughter. Only then, seeing her husband still lying there, did she feel something was wrong and called 119, but Mr. B was already deceased.

The prosecution charged Ms. A with abandonment, arguing that she had a 'legal obligation to take immediate rescue measures' but failed to do so. In particular, Ms. A had stated to the police that she "immediately called 119 right after discovering him," but this was proven to be false, leading to increased suspicion from the investigators.

However, Ms. A's defense argued that she could not have foreseen Mr. B's death and had no motive to intentionally neglect him, even if she recognized the urgent situation.

According to testimonies from family members, Mr. B was known to drink excessively and often fell asleep anywhere when intoxicated.

Ms. A also expressed her surprise to her daughter, saying, "Dad even went in his pants out of drunkenness," and before returning home, she remarked, "I hope he cleaned it up," showing that she did not at all anticipate her husband's death.

Regarding her initial false statements, she explained that she thought her husband was simply sleeping after a mistake, and her regrets and embarrassment about not checking properly led her to provide incorrect statements. The court and the jury found merit in her explanation.

The court stated, "The defendant candidly described even the circumstances that made her angry with the victim," and added, "Considering their relationship, the victim's usual drinking habits, and various circumstances including photos from the incident, it is difficult to conclude that the defendant had the intention to abandon."

Image source: Channel A 'Lovers at 3 PM on a Weekday', reference photos for understanding the article / Photo=Insight