40-Year-Old Woman Sentenced to 10 Years for Killing Partner by Arson After Suffering Dating Violence

12 Years in Prison in First Trial, Reduced to 10 Years on Appeal
Appellate Court: "Not Self-Defense, but Indirect Intent"
Women's Groups: "Ruling Holds Dating Violence Victims Responsible"

A woman in her 40s, who was sentenced to a heavy prison term in the first trial for setting fire to her home and causing the death of her boyfriend after suffering from dating violence, received a reduced sentence in the appellate court.

On the 9th, in front of the Jeonju District Court, members of women's organizations demanded that justifiable self-defense be recognized for a woman in her 40s who was indicted on charges of arson and homicide of an occupied building. Photo by Yonhap News

On the 9th, the 1st Criminal Division of the Jeonju Branch of the Gwangju High Court (Chief Judge Yang Jin-su) overturned the original sentence of 12 years in prison and sentenced A (43) to 10 years in prison in the appellate trial for arson causing death of an occupied building.

A was indicted for setting fire to a house in Gunsan City on May 11 last year, killing her boyfriend B, who was asleep drunk. Even after the fire she started spread throughout the house, she came out of the front door and watched the scene.

When questioned by investigators who found this strange, A testified, "The fire must not go out... If the fire had gone out, I would have died."

According to the investigation, the deceased B was indicted for dating violence in 2023 and received a one-year prison sentence. However, after his release, he was found to have struck A again. According to the court ruling at the time, B repeatedly committed violence such as strangling A's neck or kicking her, saying, "I went to jail because of you." He also inflicted serious injuries by holding a weapon to A's neck or burning her body with a cigarette lighter.

The appellate court stated, "Arson causing death of an occupied building is a very serious crime punishable by death, life imprisonment, or imprisonment of seven years or more," and pointed out, "The building was completely burned down by this crime, and the victim suffered irreversible damage by losing their life."

It continued, "The defendant was in a state of helplessness and anger due to long-term dating violence, but considering statements such as attempting to put out the fire together if the victim woke up, it is reasonable to see that the defendant had indirect intent rather than a definite intent to kill," and ruled, "Considering all these circumstances, the original sentence was too heavy and unjust."

The joint countermeasure committee for this case, composed of nationwide women's organizations, held a press conference in front of the Jeonju District Court immediately after the sentencing and raised their voices, saying, "This ruling, which holds a dating violence victim legally responsible, clearly reveals the limitations of the South Korean judicial system."

The groups referred to A not as a 'defendant' but as a 'survivor,' stating, "This judicial ruling is another tragic example showing that dating violence victims must die to have their victimization recognized," and urged, "Measures to protect women who are assaulted or killed by their male partners at this very moment are urgently needed."