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"Please Let Me Stand Trial Again"... Woman in Her 40s Who Killed Boyfriend Appeals to Court in Letter

Set Fire to Boyfriend's Home After Enduring Dating Violence
Sentenced to 10 Years in Appellate Court
Withdrawal of Appeal Submitted: "I Did It Unconsciously"

"Your Honor, please grant me another opportunity to stand trial under the law."


A woman in her 40s, who was sentenced to a lengthy prison term on appeal for killing her boyfriend after enduring dating violence and who had given up on further appeal, has sent a letter to the judge. She claims that she submitted her withdrawal of appeal while in a state where she could not make sound judgments due to multiple mental illnesses following the incident.


"Please Let Me Stand Trial Again"... Woman in Her 40s Who Killed Boyfriend Appeals to Court in Letter Letter sent by Mr. A to the court. Yonhap News

On June 23, Yonhap News reported that A (43), who was indicted on charges of arson resulting in death of an inhabited building, sent a letter containing these claims to the judge.


On April 9, A was sentenced to 10 years in prison in the appellate court and, through her attorney, submitted a notice of appeal to the court. She insisted that she could not accept the heavy sentence, arguing that she had set the house on fire while trying to escape from her boyfriend after suffering horrific dating violence, and that it was an act of self-defense. Her attorney also confirmed A's firm intention to appeal and reportedly prepared for the final trial accordingly.


However, not long after, A withdrew her appeal, and the sentence became final. According to A's side, during the transfer to prison, A filled out paperwork handed to her by a correctional officer without much thought, not realizing that the document was a withdrawal of appeal for the final trial.


In this regard, A's attorney, Lee Hanseon, argued, "If A had understood the legal meaning of withdrawing the appeal, she would not have signed the document." The attorney explained, "At the time, the correctional officer seems to have assumed that, like other unconvicted inmates, A would also fill out a withdrawal of appeal during the transfer process, so the paperwork was brought to her. A mistakenly believed this was a routine document required during prison transfer and signed the withdrawal of appeal, handing it to the officer."


Subsequently, the attorney filed a motion to continue the appeal process, arguing that the withdrawal of appeal submitted by A, who has been suffering from multiple mental illnesses following dating violence, should not be recognized since she did not fully understand its legal meaning and effect.


However, on May 8, the court dismissed the motion. The panel stated as grounds for dismissal, "There is no evidence that the correctional officer encouraged the defendant to withdraw the appeal, and there is no basis to believe that the defendant was unable to distinguish reality or make decisions at the time."


In response, attorney Lee filed a further appeal with the court. A also expressed her desire to have the court make a final judgment through a handwritten letter. In her letter, A pleaded, "Since the incident, all of my cognitive abilities have ceased, and there are many times when I cannot remember what I did or said just moments before. I did not know what the withdrawal of appeal was or why I was filling it out. I have no intention whatsoever of withdrawing my appeal."


A was indicted for setting fire to a house in Gunsan on May 11 last year, resulting in the death of her boyfriend B, who was asleep and intoxicated. It was revealed that even after the fire she started spread throughout the house, A did not call emergency services and simply watched. Regarding this, she reportedly stated, "The fire couldn't go out. If the fire had gone out, I would have died."


The deceased, B, had repeatedly committed dating violence against A for years, beating her with his fists and feet and threatening her with weapons and lit cigarettes, for which he served a prison sentence. However, it was revealed that even after his release, he continued to assault A.


Women's and civic groups have urged the court to show leniency, arguing that A's actions, after enduring prolonged dating violence, should be recognized as self-defense.


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.

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