Perhaps. My argument contains an unspoken "ceteris paribus" clause, which is typically the case, when we compare things: that all relevant factors are on the table and everyone agrees on them. To generalise your argument: From a logical point of view, no conclusion is ultimately settled, because it cannot be ruled out that not someday someone comes up with a new and better argument.[1]

So when I pointed out a "flaw in the argument", I meant the argument as presented, without additional refinements (as you are trying to develop).

A minor detail: When discussing a normative question, it is important to carefully distinguish between normative and descriptive aspects. The descriptive aspects are everything that is the case. The normative aspects are everything that should be the case. Therefore, the question is what value a society should place on finding solutions that are supportive rather than punitive. -- And the idea that norms are up to a certain point "subjectively" is in itself a description whose normative relevance asks for an intense debate.

[1] There might exist a few exceptions, such as fundamental logical theorems. But this is too far off from our case.