"Listen to Me" Indiscriminate Assault by 50-Year-Old Husband Reduced in Appeal Trial

Prison Sentence Reduced from 4 to 3 Years... "Consideration of Diminished Mental Capacity"

[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] A man in his 50s who was sentenced to prison in the first trial for beating his wife to death received a reduced sentence in the appeal trial.

According to the legal community on the 5th, the Gwangju High Court 2-1 Criminal Division (Presiding Judge Seong Chung-yong) overturned the original sentence of 4 years imprisonment for A (57), who was charged with injury resulting in death, and sentenced him to 3 years imprisonment.

A was tried on charges of beating his wife B (51), who had a level 3 brain lesion disability, with tools and fists between December 13 and 14, 2020, because she did not bring water.

B showed extensive bleeding throughout her body and eventually died from traumatic brain hemorrhage.

The court accepted A’s claim of diminished mental capacity, contrary to the original judgment. Considering various evidence, it was determined that at the time of the crime, he was in a state of intellectual disability that impaired his ability to distinguish objects or make decisions.

The court stated, "Beating someone indiscriminately over trivial complaints leading to death is an inhumane crime with a bad nature and very serious consequences," but also explained the sentencing reasons by saying, "It appears he did not habitually assault his wife, he admitted to all the crimes in this case, he is a first-time offender, and his son does not want punishment, among other circumstances considered comprehensively."

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