"Everyone Is Comfortable Without Husband" Suspended Sentence for Wife Who Killed Abusive Husband

Court: "Protecting oneself and children... Consideration of motive"

A wife who killed her husband after suffering domestic violence was sentenced to probation again in the appellate court.

The Criminal Division 1 of the Ulsan Branch of the Busan High Court (Presiding Judge Son Cheol-woo) dismissed the prosecutor's appeal against Ms. A, a woman in her 30s who was tried on charges of murder, and upheld the original sentence of imprisonment with probation, the court announced on the 16th.

Ms. A was indicted for allegedly giving her husband Mr. B (also in his 30s) a drink laced with sleeping pills at their home in Yangsan-si, Gyeongnam Province, during the daytime last July, and then suffocating him with bedding materials. Ms. A had suffered domestic violence from her husband for several years, feeling fear and anxiety, and was also abused by her husband who had been drinking on the day of the crime. She surrendered herself after the incident.

In the first trial held as a citizen participation trial, all seven jurors unanimously recommended a sentence of three years imprisonment with four years probation. The first trial court sentenced her to probation, citing "circumstances that warrant consideration regarding the motive of the crime," following the jurors' opinion, but the prosecutor appealed, arguing that the sentence was too lenient and unfair.

However, the appellate court rejected the prosecutor's claim, stating, "She was overwhelmed by fear and was gripped by the extreme thought that her husband had to disappear in order to protect herself and her children, and the crime was committed impulsively."

The appellate court added the reason for dismissal, saying, "If the defendant is detained, it is expected that the children who need care will face considerable difficulties in growing up normally."