'Attempted Patricide' Son and 'Appeal for Leniency' Father... Suspended Sentence in Second Trial Too

A man in his 30s who was tried for attempted murder of his father in his 60s was again sentenced to a suspended prison term in the second trial. ▶Refer to the article dated March 7, 2023, "[Seocho-dong Legal Story] 'Attempted Patricide' Son... Father Pleads for Leniency"

[Image source=Yonhap News]

According to the legal community on the 31st, the Seoul High Court Criminal Division 3 (Presiding Judge Lee Chang-hyung) upheld the first trial’s verdict of 3 years imprisonment with 5 years probation for Kim, the son indicted on charges of attempted patricide.

The appellate court stated, "Fortunately, the victim (father) did not die, and the victim has pleaded for leniency." "There is a social bond that suppresses recidivism, and since this incident, the defendant has been receiving regular treatment and taking medication for his mental illness," adding, "Crimes committed under diminished mental capacity like this case require appropriate treatment rather than social isolation to prevent reoffending and help reintegrate into society."

After reading the verdict, the court told Kim, "Defendant, please continue your treatment diligently and make sure such an incident never happens again. Please be especially careful."

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

In early 2020, as COVID-19 spread, their business deteriorated. They sought a new tenant to take over the billiard hall, but the building owner obstructed this.

As they ended up in a civil lawsuit with the building owner, the son’s mental illness rapidly worsened. On May 11 of last year, while discussing the lawsuit with his father, he suddenly became unable to control his anger, feeling ignored by everyone.

The son assaulted his father, saying "I will kill you," and "It only ends when everyone dies," then suffocated him and struck his head multiple times with a glass object. He even brought a weapon from the kitchen and injured him. However, thanks to a report by a housekeeper, the police arrived, and the father narrowly survived.

The first trial sentenced him to a suspended prison term with probation and treatment orders.

The first trial court noted, "(According to the attending physician’s testimony) 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."

It also stated, "It seems difficult to find a special motive for the defendant to kill his own father at the time of the crime," and relayed the hospital physician’s explanation that "although the defendant was very agitated upon hospitalization, he became much more stable after treatment." The court also considered the father’s plea for leniency, promising to support his son’s treatment.

The prosecution appealed the first trial verdict, leading to the appellate trial.

"If even this son is imprisoned, I will have no one to talk to." The father appeared in court with his son during the appellate trial. He said, "(If a prison sentence is given) not only will he (the son) be unhappy, but I will have no one to rely on. I earnestly ask you to dismiss the prosecution’s appeal."

After this second trial verdict, the prosecution did not file a further appeal, and the ruling was finalized as is.