Kids cafe owner loses appeal over sentence for death of 2-year-old

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Kids cafe owner loses appeal over sentence for death of 2-year-old

Officials from the Ministry of Culture, Sports and Tourism, the Gyeonggi Provincial Government and Ansan City Government conduct an on-site inspection at a kids cafe in Ansan, Gyeonggi, on Aug. 17, 2022, where a 2-year-old boy died on Aug. 12, 2022 after his foot was caught in the track of a mini-train ride. [YONHAP]

Officials from the Ministry of Culture, Sports and Tourism, the Gyeonggi Provincial Government and Ansan City Government conduct an on-site inspection at a kids cafe in Ansan, Gyeonggi, on Aug. 17, 2022, where a 2-year-old boy died on Aug. 12, 2022 after his foot was caught in the track of a mini-train ride. [YONHAP]

 
An appeals court upheld a suspended prison sentence for the owner of a kids cafe who was found guilty of involuntary manslaughter following the death of a 2-year-old in a train ride accident.
 
The Suwon District Court’s Criminal Appeals Division sentenced the 56-year-old owner to one year in prison, suspended for two years, the same sentence handed down in the lower court ruling, according to legal insiders on Friday.
 

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The court found the owner responsible for the death of a 2-year-old boy from hemorrhagic shock on Aug. 12, 2022, after his foot became stuck in the tracks while trying to get off a mini-train at a kids cafe in Sangnok District in Ansan, Gyeonggi. Kids cafes are specialized indoor playgrounds where children play while parents can relax.
 
The boy was taken to a hospital but died the same day due to excessive bleeding.
 
The ride, designed to accommodate up to 14 passengers in four cars, did not have seat belts installed at the time of the accident.
 
The lower court had earlier ruled that the owner had failed to follow safety regulations.
 
“Even though seat belts had been installed initially, they were removed arbitrarily," the court said in the initial ruling.
 
"Safety inspectors also recommended installing seat belts, but the recommendation was not followed. The accident was fully foreseeable, and the defendant’s breach of duty is recognized as causally linked to the child’s death."
 
Prosecutors sought a two-year prison sentence in both the first trial and the appeal.
 
During the appeal, the owner argued that they were not the operator of the kids cafe at the time and that the facility had passed a safety inspection, claiming no breach of duty occurred. However, the appeals court rejected these arguments.
 
“The defendant has consistently denied responsibility, claiming they were not the operator and that the accident was due to a part-time employee’s negligence, and has not shown genuine remorse," the court stated.
 
“However, the fact that they reached a settlement with the victim’s family, who no longer wish to see the defendant punished, is a mitigating factor. Given all circumstances, the lower court’s sentencing does not appear excessive nor lenient.”


Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY HAN YOUNG-HYE [[email protected]]
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