Denied Appeal of 20s Youth Who Neglected Stroke-Stricken Father Leading to 'Caregiver Murder' Due to Difficulty in Caregiving
[Asia Economy Yeongnam Reporting Headquarters Reporter Lee Sang-hyun] The appeal of a man in his 20s who was sentenced to four years in prison in the first trial for neglecting his father, who had been hospitalized for nearly a year after suffering a stroke, leading to his death, was dismissed.
This case, which attracted much attention at the time, drew interest from political figures such as Gyeonggi Province Governor Lee Jae-myung and Justice Party lawmaker Shim Sang-jung, who raised issues about the social responsibility of caregiving, but the court upheld the original verdict.
On the 10th, the Criminal Division 2 of Daegu High Court (Presiding Judge Yang Young-hee) ruled that the first trial’s judgment, which found that defendant A (22), charged with killing a direct ascendant, had the intent to kill at the time of the crime, was appropriate.
The court stated, "Since it is recognized that the defendant deliberately neglected the victim from the day after discharging him until his death with the intention to cause death, the original court’s judgment that the defendant had the intent to kill is justified."
It also ruled, "The minimum sentence the court can impose for the crime of killing a direct ascendant is three years and six months in prison, and probation is not allowed for sentences exceeding three years. Therefore, it is difficult to view the four-year prison sentence handed down by the original court as excessively harsh or unfair."
According to the court, A had been living with his father B (56) for over ten years. Last September, B was hospitalized due to deep cerebral hemorrhage and subarachnoid hemorrhage symptoms, and the family faced financial difficulties due to caregiving.
A covered hospital expenses with the help of B’s younger brother, uncle C, but when C could no longer provide assistance, A discharged his father on April 23.
On the day of discharge, A provided prescribed medication and food to his father, but from the next day, judging that he could not care for him indefinitely, he stopped giving medication and reduced the amount of food.
At that time, B was unable to control his body and could not manage his own excretion, and had to receive food through a feeding tube.
From May 1 to 8, no therapeutic food or water was provided, and eventually B died from malnutrition and pneumonia.
Initially, A denied intent to kill a direct ascendant but later changed his statement, saying, "I was afraid that the charge of killing a direct ascendant would be recognized, so I did not tell the truth during the police investigation to be recognized for the lesser charge of abandonment resulting in death."
A also testified, "I could not handle the task of changing my father’s position every two hours," "I was not capable of caregiving alone, and since there was no chance of recovery, I thought it was better for him to die," and "I was mentally very distressed due to financial reasons and made a wrong decision."
The trial also revealed that although A decided to neglect his father, he struggled a lot until B’s death.
The first trial judgment included statements such as, "When B called him and complained of hunger or thirst, his heart softened and he occasionally administered nutritional food through the feeding tube, showing a wavering state of mind."
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On August 1, the first trial court, considering A’s circumstances, sentenced him to four years in prison, somewhat lower than the recommended sentence of five to twelve years for killing a direct ascendant.
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