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Indictment dismissed against son who assaulted father in his 80s for his mother who suffered from domestic violence

Media Sports Seoul
Date

2024-12-23

Views 221

가정폭력 시달리던 모친 위해 80대 아버지 폭행한 아들 ‘공소기각’

I stayed at my parents' house to take care of my chronically ill mother.
The defendant is not on good terms with his father, who committed domestic violence against his mother.

 

A decision was made to dismiss the indictment against a son in his 50s who was put on trial on charges of assaulting his father, who committed domestic violence.

A female police officer from the Jeju District Court's Criminal Division 1 announced on the 14th that the chief judge dismissed the indictment against Mr. A (59), who was indicted on charges of assault on a relative.

Mr. A is accused of using violence during an argument with his father, Mr. B (82), at a residence located in Ildo-dong, Jeju City in May of last year.

At that time, it was reported that Mr. A committed this crime after witnessing Mr. B being violent towards his mother after entering the room to watch TV. In particular, it was confirmed that Mr. B regularly committed domestic violence against his wife.

Mr. B, who was assaulted, did not suffer any major injuries. However, Mr. A suffered injuries that required treatment for 4 weeks due to the weapon that Mr. B used for defense.

At the trial, Mr. A's legal representative argued that Mr. B did not hesitate to assault and verbally abuse his wife, and that Mr. A, who had endured this for decades, could no longer tolerate it and accidentally committed the crime.

In addition, it was emphasized that this was the first time that Mr. A had assaulted him, and that he had suffered greater damage due to Mr. B and had to receive treatment.

However, it was argued that the father-son relationship had reached an amicable agreement and that Mr. B had expressed his intention that he did not want Mr. A to be punished.

The court dismissed the prosecution's indictment when Mr. B submitted an agreement stating that he did not want his son to be punished.

Attorney Ko Seung-seok of Daeryun Law Firm (Lihan), who represented Mr. A, said, "In the case of assault cases between family members, the issues are often complex and sensitive issues. This case was the same, but we were able to use various methods to ultimately end in a judgment of dismissal of the indictment." He added, "In the case of domestic violence, the level of punishment is higher than that of general assault, and it is difficult to avoid aggravated punishment for possession of a weapon, so if related charges are applied, you should seek help from an expert."

 

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