Mother Murdered by 'Johyeonbyeong' Man in His 30s Found Not Guilty Again in Appeal Trial

[Asia Economy Reporter Kang Nahum] A man in his 30s who killed his mother while suffering from schizophrenia was acquitted again in the appellate court as his mental disability was recognized, following the first trial.

According to the court on the 6th, the Seoul High Court Criminal Division 13 (Chief Judge Choi Suhwan) sentenced A (31), who was charged with killing a direct ascendant, to not guilty as in the first trial and ordered treatment custody.

A was prosecuted for brutally beating his mother with a blunt object at his residence in Goyang, Gyeonggi Province around 5 p.m. on October 18 last year, causing her death on the spot.

It is known that A had previously exhibited abnormal behavior such as assaulting a coworker and self-harm around February 2012 for unknown reasons, and had received psychiatric treatment.

Later, around October 15 last year, the same symptoms reappeared, causing a disturbance including assaulting a coworker, leading him to visit a psychiatric clinic again, but no clear cause was found except for temporary delirium symptoms, and he returned home to be cared for by his parents.

On the day of the incident, A showed abnormal behavior at his residence in the early morning and was transported to a hospital by the 119 emergency medical team, and was prescribed medication related to mental illness.

After returning home, taking the medication, and sleeping, A woke up, ate the meal prepared by his mother, and seemed to calm down. However, while his father was at work, for unknown reasons, he could not control his anger and killed his mother, according to the investigation.

After the crime, when his father returned home, A tried to attack him, and when the police arrived at the scene, he reportedly showed behavior of not wanting to be separated from his mother. During the investigation, he was unable to give proper answers and exhibited abnormal behavior, saying things like "I admit everything," and "I know everything, it’s all on the smartphone."

The first trial court acquitted him based on the psychiatric evaluation by a doctor at the Ministry of Justice treatment custody center, stating that "A was in a state of schizophrenia at the time of the crime and had lost the ability to distinguish objects or make decisions."

This ruling is based on Article 10, Paragraph 1 of the Criminal Act, which states that "an act committed by a person who lacks the ability to distinguish objects or make decisions due to mental disability shall not be punished."

The prosecution appealed, arguing that the psychiatric evaluation of A was conducted long after the incident, but the appellate court maintained the original judgment, recognizing that A was in a state of mental disability considering other circumstances as well.