Woman claims not guilty for murdering man she lived with… Why is he?

Suspect pleads not guilty due to mental and physical loss
The court sentenced him to 15 years in prison and acknowledged only mental and physical weakness.

A woman in her 60s who killed a man she was in a common-law relationship with for 15 years by stabbing him dozens of times with a weapon pleaded not guilty in court due to schizophrenia, but was sentenced to 15 years in prison. The court did not accept the defendant’s claim of mental and physical impairment, but acknowledged his mentally and physically weak condition, which was confirmed as a result of the emotional detention, and reduced the sentence.

On the 27th, the Busan District Court Criminal Division 5 (Chief Judge Kim Hyun-soon) sentenced Ms. A (60s, female), who was indicted on murder charges, to 15 years in prison. On this day, the court canceled the bail granted on the 30th of last month due to the expiration of the detention period and health condition, and detained Mr. A in court.

According to the prosecution, Mr. A is suspected of killing Mr. B (in his 60s), who was in a common-law relationship, by stabbing him dozens of times with a weapon at a residence in Buk-gu, Busan on September 10 last year.

It was discovered that the two had been living together in the same house since 2008. About 12 hours after the crime, Mr. A called 112 and reported that he had “stabbed someone.”

During the trial, Mr. A pleaded not guilty, claiming that the crime was committed while mentally and physically incapable of discriminating between objects due to schizophrenia.

However, the court rejected this claim and only acknowledged the mental and physical weakness that was confirmed as a result of the emotional detention. Emotional detention is a disposition that forces a suspect to stay in a medical institution for a certain period of time in order to check his or her mental and physical condition.

Article 10 of the current Criminal Act stipulates different levels of punishment depending on responsibility. Those who are mentally and physically impaired are exempt from punishment, but those with mental and physical weakness are recognized as having a significantly reduced ability to discriminate between objects, so they necessarily receive a reduced sentence.

The prosecution originally requested 20 years in prison, but the sentence of 15 years was also a result of this reduction in sentence due to mental and physical weakness. The reasons for sentencing that the court considered in favor of the defendant include △ surrendering after committing the crime △ admitting one’s wrongdoing △ first offense without any criminal record.

However, the court criticized, saying, “The nature of the crime is very bad considering the motive and method of the crime, which included brutally murdering the victim by stabbing him dozens of times.”

As for the treatment request (a security disposition that places mentally disordered criminals in a treatment facility) that the prosecution requested separately from the execution of the sentence, the court decided to dismiss it, saying, “Mr. A appears to be normal now.”

Meanwhile, Mr. A, who received the first trial ruling, plans to decide whether to appeal later.

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