Caregiving Except 3 Hours a Day... Also Quit Job
Court: "Guilt Is Heavy but Mitigated"... 5 Years Imprisonment
A man in his 60s who cared for his common-law spouse suffering from a rare disease for over three years and then killed her was sentenced to five years in prison. The man said, "I want to ask my wife for forgiveness," but also stated, "I have no regrets about that decision."
On the 24th, the Criminal Division 11 of the Seoul Northern District Court (Presiding Judge Ban Jeong-mo) sentenced Seong (62) to five years in prison on charges of murder. Seong was tried for strangling a woman in her 70s, Ms. A, who had been in a common-law relationship with him for over 30 years, at their home in Suyu-dong, Gangbuk-gu, Seoul, on the morning of July 21.
Ms. A was diagnosed with a rare disease with no available treatment in early 2020. Investigations revealed that Seong had been caring for Ms. A from the time of diagnosis until the time of the crime.
Although Ms. A received about three hours of assistance daily from a caregiver, Seong took full responsibility for her care during the remaining time. Due to this, he even quit his job and faced financial difficulties. After the crime, Seong surrendered to the police and reportedly stated, "I was financially strained and felt hopeless because of the caregiving."
Seong’s defense attorney argued that at the time of the crime, Seong was suffering from mental and physical disorders such as sleep deprivation, stress, anger, and depression caused by caregiving.
However, the court rejected this claim, stating, "Considering the circumstances and methods of the crime, the defendant’s behavior before and after the crime, and his statements and attitude during the investigation, it does not appear that he was incapable or significantly impaired in distinguishing reality or making decisions due to mental or physical disorders at that time."
The court added, "The victim must have experienced extreme fear and both mental and physical pain. She had been cared for by the defendant until the incident and was unable to move properly, living at home. The defendant’s crime targeted a victim with significantly reduced ability to defend herself, which makes the guilt severe and the blameworthiness high."
However, the court took into account favorable factors such as Seong’s full-time caregiving for Ms. A, his resignation from work and resulting financial hardship, the somewhat impulsive nature of the crime, and the victim’s family not seeking punishment, explaining these as reasons for the sentencing. Previously, the prosecution had requested a seven-year prison sentence for Seong.
At the sentencing hearing, Seong said, "Seeing my wife suffer from an incurable disease made me feel a sense of helplessness that I could do nothing more for her, which led to an unforgivable foolish act."
He also said, "But I have no regrets about that decision. Even if a heavy sentence is imposed, I will not appeal to reduce the sentence." He added, "Once again, I want to ask my wife for forgiveness."
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