Mother: “I don’t want my son punished”… Court sentences ‘10 months in prison with 2 years probation’
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A son in his 30s who repeatedly assaulted his mother for not giving her gambling money was sentenced to probation in the appeals court.
According to the legal community on the 9th, Jeonju District Court‘s 3-3 Criminal Division (Chief Judge Jeong Se-jin) dismissed the prosecution’s appeal in the appeal trial of Mr. A (39), who was indicted on charges of assault on a relative and concealing property, and sentenced him to 10 months in prison and 2 years of probation. The original judgment was upheld. 80 hours of community service and probation were also ordered.
Mr. A was brought to trial on March 6th last year on charges of assaulting his mother, Ms. B, by pulling her hair, knocking her down, and strangling her at his home in Iksan, Jeollabuk-do. It was revealed that he demanded money to use as gambling money, but committed the crime out of anger when the victim did not respond.
At the time, Mr. B is known to have pleaded, “I would rather die by your hands” or “I have no more money to come from.” However, Mr. A said, “I can’t leave the room until I get the money,” and inflicted violence on his mother several times, including holding her head and hands and forcing her to hit the closet.
In the process, a gold necklace worth 1.8 million won that Mr. B was wearing broke, so he picked it up and ran outside. He was found to have threatened to give her a gold necklace if she gave him money, but returned it via courier when her mother continued to plead with her.
As a result of the investigation, Mr. A committed assault in a similar manner in November 2021 by demanding money from Mr. B. He lived with Mr. B and was financially dependent on him, and frequently asked for money to be used for gambling.
The first trial court said, “The crime is serious because he repeatedly demanded money from the victim and assaulted him for the purpose of using gambling funds,” but added, “It appears that the defendant committed the crime accidentally while he was experiencing hardships in life, so he returned the hidden gold necklace.” He stated the reason for his sentencing, saying, “I took into consideration things like reflection.”
The prosecution filed an appeal against the first trial ruling on grounds such as ‘unfair sentencing’, but the appellate court’s decision was the same. Mr. B also said in the first trial, “I want to be isolated from my son,” but appealed for leniency in the appeal trial, saying, “I don’t want my son to be punished.”
The appellate court said, “If the original trial’s sentence does not go beyond the reasonable range of discretion, it is appropriate to respect it,” and added, “Because the original trial decided the sentence by comprehensively taking into account the favorable and unfavorable circumstances of the defendant, the prosecutor’s opinion that the sentence was unfair because it was too light.” “The appeal is dismissed,” the ruling ruled.
Ga-yeon Park, online news reporter gpy19@segye.com
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