Court: "Not a typical dating murder case motivated by revenge for rejection"
"No intent to kill, expresses regret" sentenced to 7 years
Expert: "Only labeling breakups as dating murder is hard to accept"
"Low sentences compared to crimes cause repeated dating violence"
A man in his 30s who fatally assaulted his girlfriend at an officetel in Mapo-gu, Seoul, is seen leaving the courtroom after completing a pre-arrest detention hearing at the Seoul Western District Court on September 15 last year. / Photo by Yonhap News
[Asia Economy Reporter Kang Juhee] A man in his 30s, Lee, who was tried for assaulting his girlfriend to death during an argument at an officetel in Mapo-gu, Seoul, was sentenced to seven years in prison in the first trial. The bereaved family expressed outrage, saying "We cannot live" over the fact that the sentence was only seven years despite the death caused by assault from a partner.
Experts pointed out that the sentence is significantly insufficient relative to the severity of the crime, failing to prevent such offenses.
The Criminal Division 12 of the Seoul Western District Court (Chief Judge Andongbeom) sentenced Lee to seven years in prison on the 6th for the charge of injury resulting in death. The court stated the sentencing rationale: "Considering various circumstances, it is difficult to recognize that the defendant intentionally killed the victim or had the intent to kill, beyond assaulting the victim and causing injury that led to death."
The court explained that this case differs from the typical 'dating homicide' type. It said, "This situation is different from so-called dating or stalking homicides where the perpetrator plans a retaliatory murder against a woman who wants to break up or does not want to continue the relationship. Looking at the motive, the defendant and the victim were in a romantic relationship and often quarreled, but there was no ongoing pattern of continuous assault before this incident. The defendant had lived an ordinary life before this case and appears to feel remorse and regret for the victim's death in this courtroom."
Earlier, on July 25 last year, Lee assaulted his girlfriend Hwang multiple times by pushing her head and body during an argument in the lobby of an officetel in Mapo-gu, causing her death. Hwang lost consciousness due to Lee's assault and was taken to the hospital, but after three weeks in a coma, she ultimately passed away on August 17 of the same year.
At that time, Lee left the unconscious Hwang on the floor and made a false report to the 119 emergency call center claiming that 'Hwang seemed to have lost consciousness due to intoxication.' However, the court ultimately judged that Lee's actions lacked intent.
The bereaved family expressed their fury at this verdict. Hwang’s mother cried after the ruling, saying, "Did I spend five agonizing months just to get seven years? I raised my child with love and taught her how to love others. If the price of that death is seven years, parents cannot go on living."
Subsequently, the family issued a statement saying, "We still believe the defendant had at least an implied intent to kill and should be punished for murder (not injury resulting in death). We deeply regret the first trial court’s decision to sentence lighter than the prosecution’s already low demand and request the prosecution to appeal."
The weak punishment for dating violence cases has been a persistent issue. According to data received by Justice Party lawmaker Eunju Lee from the National Police Agency on 'Reports, arrests, and measures by type of dating violence over the past five years,' from 2016 to 2020, there were a total of 47,755 dating violence cases including murder and attempted murder, assault and injury, detention, confinement, threats, and sexual violence?averaging 26 cases per day. Among these, 227 cases involved charges of murder or attempted murder. However, only 2,007 people were detained, accounting for just 4.2% of the total.
Experts point out that despite the high likelihood of dating violence escalating to serious crimes such as sexual assault or murder, appropriate punishment or measures are not being implemented. Attorney Eun Lee (Eun Lee Law Office) explained, "Judging that this is not dating homicide because there was no repeated assault and the victim never said they wanted to break up suggests the court may misunderstand the concept of dating violence itself. Regardless of those reasons, any violent behavior toward a partner in a current or past dating relationship constitutes dating violence."
She continued, "They say it was not repeated violence, but since the victim died, one cannot lightly judge the repetition. Considering the degree of violence, it is reasonable to assume habitual violence occurred before. Also, the perpetrator’s false report and failure to provide proper emergency aid after the victim collapsed suggest implied intent to kill. One does not need to prepare a weapon after a breakup notice to have intent to kill."
She added, "Many perpetrators of dating violence have similar prior convictions, showing they have not been rehabilitated. The root cause lies in the significantly insufficient sentences relative to the severity of the crimes."
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