Mr. A's side claims "mentally and physically impaired state with weak decision-making ability"
A man in his 50s who assaulted his elderly mother without reason and caused a disturbance by pulling down his pants because a bank refused to issue him a credit card was sentenced to prison again in the second trial despite claiming diminished mental capacity.
According to Yonhap News on the 6th, the Chuncheon District Court Criminal Division 1 (Presiding Judge Shim Hyun-geun) sentenced A (52), who was indicted on charges including special assault on a senior family member, special property damage, and obstruction of business, to two years in prison and a fine of 100,000 won, the same as the original sentence.
A was tried for assaulting his mother B (85) with a cane on her hip joint, hand, and shoulder at her home in Pyeongchang on April 14. At the time, a 119 ambulance called for psychiatric hospitalization arrived, and when B said, "I have to go to the hospital," A reportedly committed the assault without any reason.
The next day, B broke a door and living room window worth about 500,000 won with a crutch, claiming that the house would be demolished. He was also charged with obstruction of business. On April 17, at a bank in Pyeongchang, he shouted at an employee who said that a credit card could not be issued without an ID and punched security devices and an ATM multiple times.
One hour later, A caused another disturbance at a different bank when his card issuance was again refused due to lack of ID. He tore up several waiting tickets by hand and threw them on the floor, spat, knocked down promotional banners with a crutch, and pulled down his pants in front of employees and other customers.
The following day, he caused a commotion at a mart. When an employee, concerned about A’s health, refused to sell him cigarettes and alcohol, he cursed in anger and knocked down display shelves with a cane.
The first trial court sentenced him to prison, stating, "There is a very high need to isolate him from society to prevent further victims."
Appealing the verdict, A’s side argued in the appellate trial that "at the time of the incident, he was in a state of diminished mental capacity with impaired ability to distinguish objects or make decisions, so legal mitigation should be applied accordingly."
The court rejected A’s claim, pointing out that although his family repeatedly urged him to receive inpatient treatment, he refused, resulting in inconsistent treatment. It also noted that he did not undergo scheduled psychiatric treatment and appeared to have worsened his diminished mental state by drinking a considerable amount of alcohol on his own.
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