[After the Verdict] "I Want to Live with Dad" The Girl's Wish and Restorative Justice

[Asia Economy Reporter Seongpil Jo] A 10-year-old girl pleaded with the judge. "Please let me live with my dad again." Her dad had killed her mom. He stabbed her more than ten times with a weapon. The girl witnessed that horrific scene. Yet she asked for leniency for her dad. Her wish was not granted. The judge sentenced her dad to 12 years in prison. Her dad went to the detention center. The girl lost her mom and parted with her dad. This happened in a courtroom at the Seoul High Court on the 17th.

A Diligent Dad... Why Did This Happen?

The dad was a bus driver. People around him said he was diligent and hardworking in everything. To the girl, her dad was a responsible head of the family. But his life completely changed in September last year. The trouble started with a photo found on the girl’s cellphone. In the photo, the mom was with a man and woman unknown to the dad. The dad suspected the mom of infidelity. Heated arguments followed. Loud voices were exchanged for over an hour. During this, the dad lost his composure. He hit the mom and then fetched a weapon from the kitchen. The argument ended in murder. Right after the incident, the dad surrendered by reporting to the police through the girl.

Why did this happen? It began five years before the incident, when the girl was four years old. The mom often came home late after drinking. She went on trips secretly with people she met while immersed in gaming. The dad’s suspicions grew. The days of arguing with the mom increased. Still, the dad tried to keep the family together. He suggested couples counseling to the mom. When she refused, he went alone to a center for psychological counseling. That was when the dad’s depression began.

The Girl Is the Remaining Victim of This Case

The first trial took these circumstances into account. At that time, the girl also sent a letter to the court asking for leniency for her dad. However, in February this year, the dad was sentenced to 12 years in prison. The first trial court judged, "Acts that infringe on human life cannot be tolerated under any circumstances." The appellate court also dismissed the dad’s appeal, saying, "The sentence is not excessively harsh or unfair." According to the sentencing guidelines for this case, considering special sentencing factors, the recommended sentence range was 7 to 12 years in prison.

In court, the dad was called the defendant, and the mom the victim. The girl was a witness or reporter. Questions arise here. The girl had witnessed her parents arguing since she was four. She saw her mom murdered after an argument. She saw her dad, the remaining parent, branded as a murderer and tried in court. She is another victim of this case. The girl is currently under the care of her maternal grandmother.

Will the Supreme Court Respond to the Girl’s Wish?

There is something called 'restorative justice.' It is a process where the court not only decides sentencing but also considers how the parties involved can truly recover from the harm. It became a topic at the Seoul High Court two years ago. A mother who survived a joint suicide attempt with her children was granted bail, observed, and then given a suspended sentence. A daughter who killed her mother after a dispute over debt had her sentence reduced by five years, with the court recognizing social responsibility.

The girl’s dad still has one more trial left at the Supreme Court. That is, if he files an appeal. Unlike the first and second trials, which are factual trials, the Supreme Court trial is a legal review. It examines whether the previous courts’ legal interpretations were correct. The previous trial courts reached their conclusions after careful consideration. It seems unlikely that the Supreme Court will accept the dad’s appeal challenging the sentence’s severity. Still, I wrote this article hoping the Supreme Court would consider restorative justice for the 'remaining victim,' the girl.