Mother, Despite Reporting, Says "I Do Not Want My Son Punished"
Police Find Past Reports, Situation Reverses
A man in his 70s who habitually assaulted his mother in her 90s was arrested. However, it is known that the victim, the elderly mother, continued to protect her son until the end.
The Pyeongtaek Police Station in Gyeonggi Province announced on the 25th that they recently arrested and sent a man in his 70s, Mr. A, on charges of habitual assault against a senior family member.
Mr. A is accused of grabbing his mother, Ms. B, by the collar and punching her multiple times around 9 a.m. on August 28 at their residence in Sinjang-dong, Pyeongtaek.
Afterwards, Ms. B went to a nearby police substation and reported, "My son assaulted me," which revealed Mr. A’s crime.
The police confirmed multiple bruises on Ms. B’s arms and other parts of her body and intended to book Mr. A on charges of assault against a senior family member. However, Ms. B suddenly expressed that she did not want her son to be punished, saying, "I have to take care of my son’s meals."
Assault against a senior family member is classified as a “crime that cannot be prosecuted without the victim’s complaint” under Article 260, Paragraph 2 of the Criminal Act. This means that although investigative authorities can investigate even if the victim does not file a complaint, they cannot prosecute if the victim does not wish for punishment.
As a result, the case was about to be closed with “no prosecution,” but the situation changed when the police discovered several similar 112 emergency call reports related to the case.
Mr. A, who was unmarried, had been living with Ms. B for a long time and showed symptoms of alcohol addiction. It was found that Mr. A was intoxicated at the time of the incident. However, during previous reports, Ms. B always expressed that she did not want her son to be punished, so Mr. A was not arrested.
In fact, Mr. A reportedly stated during the police investigation, “I don’t remember because I was drunk.”
The police applied charges of habitual assault against a senior family member in this case. Unlike assault against a senior family member under Article 260, Paragraph 2, this charge does not require the victim’s consent to punish the perpetrator. Ultimately, Mr. A, who habitually assaulted Ms. B, was arrested and handed over to the prosecution.
Previously, in 2018, a man who was tried for repeatedly assaulting his stepfather and once assaulting his mother was recognized as guilty of habitual assault against a senior family member.
At that time, the Supreme Court ruled that if repeated assaults included assault against the mother as a senior family member, the habitual nature of both general assault and assault against a senior family member should be comprehensively recognized and punished.
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