"Provoking 'You Can't Stab Me' Domestic Violence Husband... Wife Ultimately [Seocho-dong Legal Story]"

[Asia Economy Reporter Kim Daehyun] "If I get hit again, I will die."

At 10:50 p.m. on October 9 last year, this thought crossed the mind of Ms. Kim (44, female). She was being slapped multiple times and kicked in the stomach by her husband, Mr. A (48). Ms. Kim had been suffering from continuous domestic violence.

She wanted to live and called 112 (emergency number). Until the police arrived, Mr. A’s assault had to be stopped. She hurriedly grabbed a weapon to defend herself but, out of fear, dropped it again onto the floor. Their young son was watching the situation.

"You can’t even stab me," Mr. A mocked the frightened Ms. Kim. He continued to provoke her, saying, "Go ahead, stab me." Seeing this, Ms. Kim felt intense anger. Before she knew it, she was holding the weapon again. Mr. A was eventually stabbed forcefully in the abdomen and seriously injured. The police who arrived transported Mr. A to the hospital, and his life was not in danger. Ms. Kim was put on trial for attempted murder.

The first trial court stated, "The violence and danger of the crime are considerable," and sentenced Ms. Kim to 2 years and 6 months in prison with a 3-year probation. She was also ordered to undergo 1 year of probation and 80 hours of community service. The court said, "The victim almost lost a life that cannot be exchanged for anything else," but also noted, "The defendant has no prior criminal record exceeding a fine, and there are some mitigating circumstances leading to the crime."

In particular, the court said at the time, "The victim does not want the defendant to be punished, and the victim as well as the defendant’s family hope that the defendant will return home."

The prosecutor appealed, arguing that the sentence in the first trial was too light. In the appeal trial, the defense emphasized that Ms. Kim was a victim of continuous domestic violence and that she had reached a settlement and reconciliation with Mr. A. The defense argued, "The defendant held the weapon for a last act of resistance, but the husband provoked her instead," and added, "Although the couple’s relationship has ended, they have settled and reconciled," appealing for leniency.

The defense also stated, "After this incident, the defendant did not prosecute her husband regarding domestic violence, and the husband acknowledged and accepted his responsibility," and "Even during the divorce process, they forgave and reconciled with each other as human beings."

Ms. Kim also made a final statement, saying, "I caused pain to everyone with a moment of foolish choice," and "Although I showed such a regrettable side, I only want to give love to my children who said they miss their mother. If given another chance, I will live diligently based on my remorse and gratitude toward my husband and children."

The Seoul High Court Criminal Division 4-1 (Presiding Judge Bae Gi-yeol) dismissed the appeal on the 1st of last month, stating, "The prosecutor’s claim of unfair sentencing is unfounded," and upheld the sentence given to Ms. Kim in the first trial.

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