Lower Sentences Even for Filicide... Half of Parricide

[Financial News]  While the shock of a 60-year-old man killing his son with a homemade gun after hosting a birthday party has not subsided, it has been revealed that the sentences given to parents who killed their children are much lighter than those given to children who killed their parents. Some in the legal community criticize that the current criminal law, which relies on Confucian filial piety, undermines the equity of punishment.
According to the Supreme Court's verdict reading system on the 27th, an analysis of 82 first-instance verdicts involving 85 cases from 2022 to January this year showed that the average sentence for filicide was 7.7 years, which is less than half of the 15.7 years for parricide.
All 53 people indicted for parricide were sentenced to imprisonment without probation, and more than half (31 people, 58.5%) received prison terms of 15 years or more. Twelve people (22.6%) were sentenced to 10-14 years, and two people (3.8%) received life imprisonment.
On the other hand, for filicide, 22 out of 32 defendants (68.8%) received sentences of 3-9 years, and four people (12.5%) received suspended sentences. In 29 cases of filicide, most of the victims (23 cases, 79.3%) were minors.
In 16 filicide verdicts, 'guilt' was mentioned. The court showed a sympathetic attitude towards the perpetrators, stating, "They have to live with the guilt of killing a blood relative for the rest of their lives, suffering from the consequences of their crime," and "They will carry the pain of guilt, akin to punishment, for the rest of their lives."
A mother in her 40s, Ms. A, attempted to kill herself after killing her 12-year-old son in despair over losing over 100 million won to voice phishing last January. Her 9-year-old daughter, who barely survived, was diagnosed with a brain lesion disability.
The Cheonan Branch of the Daejeon District Court criticized, "The son, who went to bed early to go to a ski camp the next day, met a tragic end," but also stated, "She deeply regrets her actions and will live with guilt and remorse for the rest of her life," sentencing Ms. A to seven years in prison.
In contrast, parricide verdicts included words like 'antisocial' (38 cases), 'humanity' (33 cases), 'immorality' (12 cases), and 'natural order' (1 case).
In October 2022, a 60-year-old son, Mr. B, who killed his 80-year-old father after a drunken argument and then turned himself in to the police, was also sentenced to seven years in prison in the first trial.
Mr. B had suffered from domestic violence by his father since childhood. After his father killed his mother in 1988 and was released from prison, Mr. B refused to marry and lived with him for over 30 years, dealing with property damage and theft.
The Bucheon Branch of the Incheon District Court stated, "It seems Mr. B committed the crime impulsively, and the victim's children repeatedly pleaded for leniency due to their unfortunate family history," but also ruled, "Considering the legal intent of the parricide charge, it is an unforgivable immoral and antisocial crime."
Some argue that filicide should be severely punished like parricide. The criminal law stipulates that parricide is punishable by death, life imprisonment, or imprisonment of seven years or more, but filicide is subject to the same punishment criteria as general murder, starting from five years of imprisonment.
It is analyzed that the current legal system views crimes against parents much more seriously than crimes against children due to the patriarchal Confucian ideology that values filial piety.
In the 21st National Assembly, five amendments to the criminal law to establish the crime of filicide were proposed, but all were discarded due to the expiration of the term. In the 22nd National Assembly, Nam In-soon, a member of the Democratic Party of Korea, proposed a related bill last February, but no discussion has taken place.
Some suggest abolishing the parricide charge to allow the court to adjust the equity of sentencing based on the specific details of the crime.
Meanwhile, the National Police Agency has launched an investigation to confirm whether there were any shortcomings in the initial response to the homemade gun incident in Incheon. It is known that the commanding officer of the local police station did not dispatch to the scene for over 70 minutes despite a report saying, "I've been shot. Save me." 

kyu0705@fnnews.com Kim Dong-kyu Reporter