A Man in His 50s Who Killed an Acquaintance Attempting to Rape His Wife... Court's Judgment

Sentence of 16 Years Overturned and Reduced to 12 Years
Court: "Considered Voluntary Report to Police"

A man in his 50s, accused of stabbing and killing an acquaintance after witnessing him engage in sexual acts with his wife, received a reduced sentence in the appellate court.

The Criminal Division 3 of Daejeon High Court (Presiding Judge Jeong Jae-o) overturned the original sentence of 16 years imprisonment and sentenced A (54) to 12 years in prison on appeal, according to Yonhap News on the 1st.

The Criminal Division 3 of the Daejeon High Court (Presiding Judge Jeong Jae-o) overturned the original sentence and sentenced A (54), who was indicted on charges of murder, to 12 years in prison in the appeal trial held on the 31st of last month, reducing the original 16-year sentence.
[Photo by Yonhap News]

A is accused of engaging in a physical altercation with B (60) at B’s apartment in Boryeong, Chungnam, between approximately 7:40 p.m. on January 24 last year and 12:52 a.m. the following day, during which he violently stabbed B’s head and face multiple times with a weapon and kitchen utensils found in the kitchen, inflicted self-inflicted wounds on B’s wrist, causing excessive bleeding that led to B’s death. The crime was committed after A witnessed B engaging in sexual acts with his wife and became enraged.

On that day, A had visited B’s home with his wife, and after drinking together, fell asleep. Upon waking and coming out to the living room, he saw B attempting to sexually assault his wife and claimed that the crime was committed impulsively.

During the trial, A claimed “It was self-defense as I tried to protect my wife from B’s attack,” but the first trial court sentenced him to 16 years imprisonment, recognizing intent to kill based on the fact that both A and B are right-handed, yet the victim had a cut on the back of his right hand, and multiple self-inflicted wounds were found on the crown and back of the head.

The first trial court stated, “Despite significant bleeding, A left B unattended and took photos of the victim, leaving evidence behind. Before reporting to the police, A even washed the blood-stained pants,” and added, “Despite this, A denied intent to kill, claiming it happened while intoxicated, leading the bereaved family to demand severe punishment.”

The appellate court explained the reason for the reduced sentence, saying, “Although the issue of sexual assault should have been resolved through proper criminal trial procedures, A committed murder and did not provide any aid despite foreseeing the victim’s death,” but also considered “the fact that A did not flee and voluntarily reported to the police.”