Husband's Final Act After Witnessing Wife's Sexual Encounter... Attempted Murder of Affair Partner
Court sentences 3 years imprisonment with 5 years probation
All jurors in the 국민참여재판 find defendant guilty
A man in his 50s who attempted to kill his wife's lover by stabbing him with a weapon in a fit of rage over his wife's affair was sentenced to probation.
The Changwon District Court Criminal Division 4 (Presiding Judge Jang Yujin) sentenced husband A (52), who was tried on charges of attempted murder, to three years in prison with a five-year probation, according to Yonhap News on the 17th. The court also ordered A to undergo three years of probation supervision and complete 80 hours of community service.
This photo is not directly related to the content of the article. [Image source=Pixabay]
View original imageIn August of last year, A is accused of punching and knocking down B, a man in his 30s who was having an affair with A’s wife, at the pub run by his wife, and then stabbing B’s neck multiple times with a broken soju bottle in an attempt to kill him.
As a result, B reportedly suffered multiple vascular injuries to his neck and was diagnosed with injuries requiring six weeks of treatment.
The trial was conducted as a jury trial at A’s request. During the trial, A claimed that he was intoxicated and in a state of diminished mental capacity due to the shock of seeing his wife having sexual relations with another man, but all seven jurors and the court rejected this claim.
The jury unanimously found him guilty. Among them, three jurors recommended five years in prison, two recommended two years and six months in prison with four years probation, one recommended three years in prison with four years probation, and one recommended three years in prison with five years probation.
The court sentenced the defendant to three years in prison with a five-year probation period, taking into account the sentencing opinions of the jury. This sentence somewhat deviates from the recommended sentencing range (3 years and 4 months to 10 years and 8 months) according to the sentencing guidelines.
[Photo by Lee Seryeong, Asia Economy]
Considering the jurors’ sentencing opinions and other factors, the court sentenced A to three years in prison with five years probation. This sentence is somewhat outside the recommended sentencing guidelines range of three years and four months to ten years and eight months.
The court stated, "Considering that the defendant gave a very detailed statement about the situation during the investigation by the authorities, and that there is no objective evidence to suggest a lack of discernment or control, it does not appear that he was in a state of diminished mental capacity. Even if he were, given his criminal record and the nature of the crime, it is reasonable not to reduce the sentence."
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However, the court explained the sentencing rationale, saying, "Although the defendant caused serious injury to the victim, making the crime very grave, and has a history of multiple violent offenses, the crime was committed impulsively, and the victim expressed that he did not wish for A to be punished, which were taken into consideration in determining the sentence."
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