Daughter with Brain Lesions for 38 Years... "Had No Strength to Endure"
Court Sentences 3 Years Imprisonment with 5 Years Probation
Judges Say "Due to Lack of Support from State and Society"
The court sentenced a 60-year-old mother to three years in prison with a five-year probation for suffocating her biological daughter, who had been suffering from a level 1 brain lesion disability for 38 years, after giving her sleeping pills.
The 14th Criminal Division of the Incheon District Court (Presiding Judge Ryu Kyung-jin) sentenced A (64), who was indicted without detention on charges of murder, to three years in prison with five years of probation on the 19th.
The court stated regarding the mother who killed her daughter, "Families caring for disabled individuals are suffering solely under their own responsibility due to insufficient support from the state or society," and explained, "It is difficult to place the blame for this case solely on the defendant." [Image source=Pixabay]
The court stated, "The defendant committed murder and bears heavy responsibility," and judged, "No matter how much she is the victim's mother, she does not have the right to decide her daughter's life." The court also rejected A's claim that she was in a state of diminished capacity due to severe depression at the time of the crime.
The court explained, "The defendant made the victim take sleeping pills, confirmed that she had fallen asleep, and then committed the crime," adding, "Even if she had mental illnesses such as depression, it is difficult to consider her legally in a state of diminished capacity."
However, the court cited as a reason for sentencing that "she cared for the victim for 38 years," and "considering that the defendant committed the crime impulsively after witnessing the victim suffer extreme pain during chemotherapy following a colon cancer diagnosis." The court separately explained the reason for showing leniency by giving probation instead of a prison sentence to A, who committed murder.
The court explained, "Families caring for disabled persons suffer solely under their own responsibility due to insufficient support from the state or society," and added, "It is difficult to place all the blame for this case solely on the defendant."
Earlier, the prosecution had requested a 12-year prison sentence for A at the sentencing hearing held in December last year. A was indicted without detention on charges of killing her 30-year-old daughter B by giving her sleeping pills on May 23 last year at around 4:30 p.m. in an apartment in Yeonsu-gu, Incheon.
After the crime, she also took sleeping pills and attempted suicide but was found alive by her son who came to the apartment six hours later. B, who was a level 1 severe brain lesion disabled person, had physical disabilities since birth and was diagnosed with stage 3 colon cancer a few months before the incident.
A lived apart from her husband, who worked in other regions to make a living, and cared for her daughter for 38 years, assisting with even toileting due to communication difficulties. After the crime, A attempted suicide by taking sleeping pills, but the amount was insufficient, resulting in a failed attempt.
The police applied for A's arrest warrant, but the court dismissed it, stating, "She admitted to the crime and stated that she does not intend to give up on her life, so it is difficult to recognize the necessity of detention."
Before the warrant hearing, when reporters asked A, "Aren't you sorry for your daughter?" she broke down in tears, saying, "I am really sorry. I couldn't live with her." In court, A tearfully testified, "At that time, I had no strength to endure," and said, "'If I die, who will take care of my daughter? Let's end it here.'"
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