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An elderly woman in her 70s, who was put on trial for murdering her son, was acquitted by the Supreme Court following the first and second trials.
Yesterday (21st), according to the legal community, the second division of the Supreme Court (Chief Justice Lee Dong-won) confirmed the original trial that acquitted A (78), who was charged with murder.
The case proceeded as the judge questioned whether it was possible for an elderly woman in her 70s to murder a strong son weighing 100 kg.
A was arrested and charged with killing his son B (52) by strangling him with a towel after hitting the head of his son B (52) with an alcohol bottle at his home in Michuhol-gu, Incheon in April 2020.
At that time, immediately after the incident, Mr. A reported directly to 112, saying, "My son drank alcohol and strangled his throat."
B was taken to the hospital, but eventually died, and as a result of an autopsy at the National Forensic Service, the cause of death was asphyxiation due to neck compression.
1st trial, "It is difficult to rule out the possibility that there was a third party at the scene"
In the courtroom, Mr. A consistently stated, "I was dissatisfied with my son's dependence on alcohol without a specific job." Do you?" he asked, showing a clumsy look.
In addition, the court judged that the statement of Mr. A that the police who received the report arrived within 3 minutes, and that the shards of alcohol bottles were removed "in fear that the officers would get hurt" was also not credible.
The court acquitted him, saying, "If you look at the circumstances of the murder, etc., it is insufficient to explain the motive of the crime" and "It cannot be ruled out that a third person was at the scene of the incident."
2nd trial, "Not guilty may be more painful for the accused"
On April 1, 2022, the trial for the second trial began with the words of the judge, "It was a troublesome case."
The court pointed out that "some of the questions raised in the first trial still remain unresolved", and about the statement of daughter C, who supports the charge of A, also said, "I am not able to logically state the situation at the time, and I am repeating mistakes." not accepted.
The court told Mr. A, "Maybe the court doesn't believe the defendant's confession, suspects her daughter, and acquits her may be more painful than living in prison."
“However, the verdict of acquittal is the principle of a criminal trial,” he acquitted.
Recently, the Supreme Court also accepted the lower court's decision.
The Supreme Court said, "There is no wrongdoing in violating the laws of logic and experience without conducting a necessary hearing, escaping the limits of libertarianism, or misunderstanding the jurisprudence of the reliability of confessions."