[Seocho-dong Legal Story] 'Attempted Patricide' Son... Father Pleads for Leniency

"If even this son is imprisoned, I will have no one to talk to."

On the 2nd, in a courtroom on the 5th floor of the Seoul High Court in Seocho-gu, Seoul, a man in his 60s stood up from the gallery and pleaded for leniency for his son who was standing in the defendant's seat. The appeal trial of the son, who attempted to kill his father but failed, was underway.

[Image source=Yonhap News]

Previously, the father and son lived together in an apartment in Uijeongbu-si, Gyeonggi Province. The son had been receiving outpatient treatment for a mental illness for about 10 years. The two maintained their livelihood by running a billiard hall.

In early 2020, as COVID-19 spread, their business situation worsened. They sought a new tenant to take over the billiard hall, but the building owner obstructed the process. This led the father and son to file a civil lawsuit against the building owner.

However, the son's mental illness rapidly worsened due to the lawsuit issue. On May 11 of last year, at 6 p.m., while discussing the lawsuit with his father, the son suddenly lost control of his anger. He felt ignored by everyone. The son then beat his father while saying "I'll kill you" and "It only ends when everyone dies," suffocated him, and struck his head multiple times with a glass object. He even brought a weapon from the kitchen and injured him. Fortunately, the police arrived after a housekeeper reported the incident, and the father narrowly survived.

The first trial sentenced the son to 3 years in prison with a 5-year probation. The first trial court noted, "(According to the attending physician's testimony, etc.) the defendant was judged to be in a state of 'diminished mental capacity' due to mental illness at the time of the crime," and "the defendant had not taken medication for 3 to 4 days before the incident and was not sleeping well, worsening his symptoms."

Furthermore, "It seems difficult to find a specific motive for the defendant to kill his father, the victim," and the hospital's attending physician also explained that "although the defendant was quite agitated upon admission, he became much more stable after treatment."

Regarding sentencing, the court said, "Considering the danger of the defendant's actions, the nature of the crime is not good. The victim likely suffered significant physical pain and mental shock from this crime," but also "the crime was committed in a state of diminished mental capacity due to mental illness, and fortunately, the crime was only attempted and did not result in the victim's death. The victim has pledged to support the defendant's treatment and pleaded for leniency," the court explained.

Instead of a prison sentence, the court imposed probation and treatment orders, stating, "The defendant committed a crime punishable by imprisonment or more while in a state of mental disability that can reduce the sentence. Considering the circumstances and motives of the crime, the defendant's behavior before and after, the cause of the mental disability, and the treatment progress, the defendant needs outpatient treatment and there is a risk of reoffending."

The prosecution appealed the first trial verdict, and the son is now undergoing an appeal trial.

The father appeared in court with his son during the appeal trial process. He pleaded, "If he is sentenced to prison, not only will he be unhappy, but I will have no one to rely on. I earnestly ask you" to dismiss the prosecution's appeal.

The Criminal Division 3 of the Seoul High Court (Presiding Judge Lee Chang-hyung) handling the appeal requested the son's defense attorney to "quickly submit recent hospital visit records, prescriptions, and medication dosages." The court will conclude the trial proceedings and hold the second trial sentencing hearing for Mr. Kim on the 23rd.