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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