"Refusing to Go to Nursing Hospital" Father Opposes Admission... Family Members 'Murder' Him... Prison Sentence Upheld in Appeal Trial

Photo by Yonhap News

[Asia Economy Intern Reporter Kim Soyoung] A man in his 30s and his wife in their 60s were sentenced to prison terms again in the appellate court for restraining the father who opposed being admitted to a nursing hospital in Seoul, which eventually led to his death.

On the 7th, the Criminal Division 6 of the Seoul High Court (Presiding Judges Oh Seokjun, Lee Junghwan, Jung Sujin) sentenced the son, Mr. A (39), who was indicted on charges of unlawful detention resulting in death of a family member, to 2 years and 6 months in prison, the same as the original trial, and sentenced the wife, Ms. B (67), to 2 years and 6 months in prison with a 3-year probation, also the same as the original trial.

The first trial court stated, "It appears that the defendants tied the victim's arms and legs with compression bandages out of concern that the victim, who had difficulty moving, might get injured while moving," but pointed out, "However, the defendants could have controlled the pressure of the bandages but did not take such measures."

It continued, "The defendants show remorse and regret for the victim's death," and explained the sentencing reasons, "The defendants seem to have cared for the victim for a long time, and other family members are pleading for leniency toward the defendants."

However, dissatisfied with the ruling, Mr. A and others as well as the prosecution immediately appealed, and the case was transferred to the Seoul High Court.

The second trial court stated, "Although the defendants were well aware of the victim's health condition, they excessively restrained and gagged him and then left him unattended, leading to the serious consequence of death," but added, "However, the victim appears to have frequently committed domestic violence against family members for a long time."

It further ruled, "Considering the opinion of the forensic pathologist in charge of the autopsy and the victim's underlying diseases, the causal relationship between the defendants' actions and the death is also recognized," and "The original sentence cannot be considered excessively harsh or lenient."

During the trial, Mr. A's defense attorney argued, "The victim suffered from underlying heart diseases such as hypertension, arrhythmia, and myocardial hypertrophy, so these diseases may have been the cause of death," and "The towel itself allowed air to pass through, and there was space between the towel and the mouth, so there was no foreseeability of the serious consequence of death."

Earlier, on April 27 last year at 4 p.m., Mr. A and Ms. B had an argument with the victim, Mr. C (71), over issues related to the nursing hospital. They were prosecuted on charges of restraining Mr. C by wrapping his face with bandages and tying him to the bed to stop him, leaving him unattended for about 15 minutes, which led to his death.

In the police investigation, Mr. A reportedly stated, "When my father heard that he would be sent to a nursing hospital, he caused a disturbance by first throwing a cane at family members and kicking," and "I did not conspire with my mother in advance to commit the crime."

This content was produced with the assistance of AI translation services.