A husband and his son who killed an 80-something woman after caring for her for more than 10 years have received final prison sentences.
The Supreme Court's Third Division, presided over by Justice Lee Heung-gu, on the 20th finalized a lower court ruling sentencing an 80-something man, identified as A, to three years in prison on charges including murder and a 50-something man, identified as B, to seven years in prison on a charge of parricide.
A and B were indicted for killing an 80-something woman, identified as C, who was the wife and mother, at an apartment in Goyang, Gyeonggi, on Mar. 4 last year. After the crime, they jumped into the Han River in Songpa District, Seoul, but were rescued after a citizen's report.
C's cognitive ability declined due to a cerebral hemorrhage and other issues, and independent living became difficult, and they had been nursing her for more than 10 years. As C's health worsened and her mobility declined, and the other children's financial situations deteriorated, they struggled with caregiving.
The conversation A and B had in the car while moving to attempt suicide after the killing was recorded on the black box and submitted as evidence at trial. A said, "If Mom (C) gets sicker, it will be even harder. At the nursing home they don't even change diapers and so on; if they don't do it properly, what can we do," and B said, "Wow, we did that to our beloved mom. What should we do. I am truly a sinner."
The first trial sentenced A to three years in prison and B to seven years. During the trial, A argued that there was no conspiracy to kill, but the court rejected the claim.
The first trial court said, "The defendants devotedly cared for the victim, who had mobility difficulties for more than 10 years, and it appears that great sacrifice and effort were involved," adding, "Nevertheless, the victim's condition gradually worsened."
It continued, "The defendants could no longer receive financial support from other family members, while the victim said she did not want to go to a nursing home," adding, "The resulting frustration appears to have significantly influenced the defendants' resolve to commit the crime."
The second trial dismissed the appeal. During the proceedings, A and B argued that from Dec. 2024 C's delirium symptoms had disappeared so she could make decisions freely, and that she repeatedly said, "Rather than enter a nursing home, please kill me."
However, the second trial court found, "It can be seen only as words and actions stemming from a temporary and impulsive mood, and cannot be regarded as a serious request for or consent to killing." It cited the daughter's testimony that C's cognitive ability was "such that when asked her name, she hesitated for quite a while before answering."
The Supreme Court dismissed the appeal, finding no error in the lower court's judgment.