
An appellate court recently upheld a lower court ruling that gave a suspended sentence to an abusive husband, saying it is "giving a chance to apologize to the victim," despite acknowledging that the defendant had not been forgiven by his wife.
The appellate trial at the Chuncheon District Court approved of the earlier ruling that found the 60-year-old defendant guilty of special intimidation -- intimidation using a weapon -- and destruction of property, sentencing him to one year in prison, suspended for two years. The two charges can each be punished by up to seven years in prison and three years in prison.
The defendant was accused of repeated abuse against his 55-year-old wife, including a death threat made with a knife on Nov. 13, 2022. The defendant broke the TV and chair when the victim fled, and was found to have destroyed family property on multiple occasions.
While the lower court ruling said the defendant appears to have abused the victim throughout their marriage and was not forgiven by his wife, it said it was considering the fact that the defendant entrusted 3 million won ($2,000) to the court for the victim. The system is in place to allow the defendant to hand over money for compensation without direct contact with the victim.
"(The court) will decide to give (the defendant) a chance to return home, apologize to the victim, and work on his temperament," the court said in its ruling. It cleared the defendant of the charges of bodily injury on another, citing a lack of evidence.
The prosecution appealed the case, saying the level of punishment is was not proportionate to the crime, but the appellate trial said that the lower court made a proper judgement.
minsikyoon@heraldcorp.com