"Noisy"... Caregiver Taped Mouth of 70-Year-Old Patient with Both Hands Bound

Patient Restrained with Both Hands, Unable to Resist
First Trial Court Sentences to 6 Months Imprisonment

A caregiver who taped the mouth of a patient in his 70s, whose arms were tied and unable to resist because he was being noisy, was sentenced to prison.

According to the legal community on the 2nd, recently Judge Chae Hee-in of the Seoul Central District Court Criminal Division 9 sentenced A (71), who was charged with violating the Elderly Welfare Act, to six months in prison. The court also issued an employment restriction order for elderly-related institutions for three years against A.

A was prosecuted for placing medical tape on the mouth of patient B (75), whom he was caring for, at a hospital in Gangnam-gu, Seoul, on September 26 last year, because B was being noisy.

At the time, B was lying in bed with both arms tied with physical restraints to prevent delirium symptoms. As a result, B was unable to resist and had no choice but to endure A’s actions. A’s crime was discovered about 10 minutes later when a nurse visiting the patient for a blood sugar test found it.

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A, who worked as a caregiver at the hospital, denied the charges in court, claiming he did not tape B’s mouth. He also testified in court that "the patient’s mental health is poor."

However, the court found A guilty based on the victim B’s testimony and nursing records at the time of the crime.

The court stated, "The elderly victim appeared in court in a wheelchair and gave a specific and detailed account of the assault situation, the method of assault, and the feelings experienced at the time," acknowledging the credibility of the victim’s testimony.

According to the nursing records, A also told the head nurse of the hospital, "Please do not tell the guardian. I will never do it again."

The court pointed out, "Although it can be expected that the defendant faced various difficulties as a caregiver, the act of assaulting a patient who was unable to resist due to impaired mobility is highly unlawful," and criticized, "Despite consistent testimonies from the victim and multiple nurses, the defendant is eager to evade responsibility with implausible excuses."

Furthermore, mentioning that A has multiple prior convictions for violent crimes, the court explained the sentencing reason, saying, "The defendant has poor awareness of lawfulness and ethics, and it is necessary to remind him of the severity of the criminal justice process."

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