50s, 6 Years Imprisonment in the Appeal Trial as Well
A man in his 50s who assaulted his mother-in-law in her 90s suffering from dementia over a trivial reason, causing her death, was sentenced to the same prison term in the appellate court as in the first trial.
The 1st-1st Criminal Division of the Daejeon High Court (Presiding Judge Jeong Jeong-mi) upheld the original sentence of 6 years in prison at the trial of Mr. A (58) on charges of causing death by injury to a direct ascendant, according to Yonhap News on the morning of the 3rd.
Mr. A was indicted for kicking his 93-year-old mother-in-law, who was suffering from dementia, to death in March last year at his home in Dongnam-gu, Cheonan-si, Chungnam Province, because she had closed the bathroom door. Mr. A usually asked to keep the bathroom door open for his pet’s excretion, but Ms. B had a habit of closing the door, which reportedly caused friction between them. At the time of the crime, Mr. A was intoxicated.
At the time of the incident, the police initially received a report of a simple accidental death, but after discovering signs of assault on Ms. B’s body, they conducted an investigation that revealed Mr. A’s criminal act.
The first trial court said, "The defendant kicked the victim multiple times over a trivial reason, causing her death, and left her unattended without giving any chance for rescue," adding, "Despite facing a lonely death at his own residence by a family member, he is evading responsibility," and sentenced Mr. A to six years in prison. The prosecution, which demanded a 12-year sentence, appealed, arguing that the sentence was too light.
The appellate court stated, "The defendant committed an incomprehensible crime by mercilessly beating the vulnerable victim, his mother-in-law, to death," and pointed out, "Considering the bruises on the victim’s body and blood splattered everywhere when found, it can be inferred that the victim was struck multiple times." It added, "The mother-in-law’s room was in very poor sanitary condition, with trash not properly disposed of, indicating that she was not only unloved but also not properly respected as a person."
Regarding the sentencing, the court said, "The defendant not only failed to protect the victim but also left her in a critical state and even slept, but considering that the crime was committed impulsively in a moment of excitement, that the bereaved family members all wish for leniency, and that the defendant has acknowledged much of the facts except for the initial police investigation and shows remorse, the prosecution’s appeal is dismissed." The court added, "Although the original sentence is somewhat light, it is not enough to overturn it, and we hope that the defendant spends the remaining time of his sentence atoning for the mother-in-law who died after being beaten by her son-in-law."
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