Korean Law Demystified!

Korean Supreme Court Upholds 3-Year Prison Sentence for Father Who Attempted Family Suicide

Court: Supreme Court of Korea
Case: 2025도17980
Decision Date: January 15, 2026


Key Facts

  • A father was convicted after attempting a family suicide involving his wife and two teenage children.
  • The incident occurred after the father became overwhelmed by mounting debt linked to online gambling.
  • He already had outstanding loans and later incurred an additional debt of about 34 million KRW.
  • Feeling hopeless about their financial situation, the couple decided to kill their children and then take their own lives.

The Suicide Attempts

  • First Attempt (December 15, 2024 – early morning)
    • The couple tried to create carbon monoxide poisoning using burning charcoal briquettes.
    • The attempt failed when the flame went out naturally.
  • Second Attempt (same day – evening)
    • The family gathered in a vehicle with burning charcoal briquettes to attempt suicide again.
    • Police intervened and stopped the attempt, preventing fatalities.
  • Prosecutors later charged both parents with attempted murder and child abuse.

Lower Court Decisions

  • Trial Court
    • The father received 3 years in prison and was ordered to complete a 40-hour child abuse treatment program.
    • The mother received 3 years in prison, suspended for 5 years.
  • The court emphasized that:
    • The parents attempted twice to kill their children.
    • The acts involved serious abuse toward minors.
  • However, the court considered several mitigating factors:
    • The family’s debt problem appeared to have been resolved afterward.
    • The children reportedly wanted to continue living with their parents.
    • The mother had stable employment and continued caring for the children.
  • The father appealed the decision, while the mother did not.

Appeal and Supreme Court Ruling

  • The appeals court rejected the father’s appeal and upheld the sentence.
  • The defendant argued that:
    • He voluntarily abandoned the crime, or
    • The crime had not reached the stage of attempted execution.
  • The Supreme Court dismissed the appeal, confirming the lower court’s ruling.
  • The Court found no legal error in the lower court’s reasoning, particularly regarding:
    • The start of the attempted murder
    • The claim of voluntary abandonment of the crime

Legal Takeaway

  • In Korean criminal law, attempting to kill one’s children during a family suicide attempt can constitute attempted murder and child abuse.
  • Courts may consider family circumstances and the welfare of surviving children, but such factors do not eliminate criminal liability.
  • The Supreme Court confirmed that the parents’ actions had clearly progressed to the stage of attempted murder, making criminal punishment appropriate.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=217277

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