Wife Who Killed Husband Receives Reduced Sentence in 2nd Trial... "Decades of Domestic Violence Recognized"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] A wife who killed her husband after suffering domestic violence for decades received a reduced sentence in the appellate court.

On the afternoon of the 20th, the Seoul High Court Criminal Division 6-1 (Presiding Judge Won Jongchan) overturned the original sentence of 12 years imprisonment and sentenced Kim (60), who was charged with murder, to 8 years imprisonment in the appeal trial.

The appellate court stated, "Upon verification, the testimonies of the defendant and her son were consistent and contained details that could not have been fabricated without direct experience," and added, "It was judged that the defendant suffered habitual verbal abuse and physical violence from her husband during their long marriage."

Furthermore, the court said, "The son was also frequently beaten by the victim, and on the day of the incident, the defendant was subjected to similar verbal abuse and physical violence by the victim, which appears to have led to the impulsive commission of the crime. These favorable circumstances were taken into consideration."

Earlier, Kim was brought to trial on charges of killing her husband A (66) after a physical struggle when he verbally abused and assaulted her while intoxicated during a meal on May 29 last year.

According to the prosecution, on the day of the incident, A made abusive remarks such as "You are cheating on me, this house is mine, so get out," grabbed Kim’s hair in anger, choked her, and shouted, "I will kill your mother and brother."

Subsequently, the two began a physical struggle, choking each other, and A, who had a heart condition, first lost strength and said, "It’s hard to breathe, let go." However, Kim is accused of using an electric wire nearby to cause A’s death.

A, who was patriarchal and severely jealous, was investigated to have habitually suspected Kim of infidelity whenever he was drunk and verbally abused her by saying things like "Isn’t the son born from another man?"

The first trial, conducted as a citizen’s jury trial, sentenced him to 12 years imprisonment. At that time, the court stated, "The defendant appears to have suffered frequent verbal abuse and physical violence during the long marriage, and a certain part of such circumstances also occurred on the day of the incident." Nevertheless, Kim’s sentencing guideline was classified as 'Type 2.'

The sentencing guidelines for murder crimes set by the Supreme Court Sentencing Commission are classified according to the motive of the crime as Type 1 (mitigating motive murder), Type 2 (ordinary motive murder), Type 3 (blameworthy motive murder), Type 4 (murder combined with serious crime), and Type 5 (extreme disregard for human life murder). Type 1 has a basic recommended sentence of 4 to 6 years, while Type 2 is 10 to 16 years.

In the appeal trial, Kim’s defense attorney argued, "The first trial did not consider this murder as Type 2 because there were no police reports or treatment records related to domestic violence," and insisted that Kim’s murder should be classified as Type 1. The fact that the son testified as a witness in the first trial, stating that "The father’s level of violence was so severe that I would have done the same," was also emphasized.

In her final statement at the appeal trial, Kim said, "I reflect on my wrongdoing and regret it. I apologize and ask for forgiveness. Please allow me to live as a daughter of my mother and as a mother of my son."

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