Court: "Family environment influences defendant's violent tendencies"... Sentence below sentencing guidelines imposed

20s Sentenced to 8 Years in Prison for Habitual Assault and Murder Committed Over 5 Years by Father View original image

[Asia Economy Reporter Yoo Byung-don] A son who was prosecuted for killing his father by habitually assaulting him for about five years after causing family discord received a sentence lower than the sentencing guidelines due to consideration of mitigating circumstances.


The Criminal Division 11 of the Seoul Southern District Court (Presiding Judge Lee Hwan-seung) announced on the 8th that it sentenced Kwak Mo (24), who was charged with killing and assaulting a family member, to eight years in prison.


Kwak is accused of beating his father (then 59 years old) to death at home on November 5 last year.


After his parents divorced about ten years ago, Kwak, who lived with his father, assaulted his father for the first time in November 2014, citing "academic stress" as the reason.


In November of the following year, Kwak's assault caused his father to lose consciousness and be admitted to the intensive care unit, and the assaults were found to have occurred frequently over about five years.


In court, Kwak claimed, "It is true that I hurt my father, but I had no intention to kill him."


The court rejected this, stating, "Even though the victim collapsed and lost consciousness while pleading 'save me,' no rescue measures were taken."


However, the court reflected that the family discord Kwak experienced in childhood due to his father appeared to have influenced his crime and considered this in sentencing.


The court stated, "The defendant did not receive emotional support and protection from his parents as the family broke down due to the victim's (father's) alcoholism, domestic violence, resulting family discord with the mother, and divorce during the defendant's childhood. This family environment seems to have significantly influenced the formation and manifestation of the defendant's violent tendencies."



It added, "Considering that the bereaved family, including the younger sister and aunt, are also pleading for leniency, a sentence lower than the recommended minimum of the sentencing guidelines is imposed." In this case, the usual recommended sentencing range according to the guidelines is about 10 to 17 years in prison.


This content was produced with the assistance of AI translation services.

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