Nursing Home Director and Daughter Reduced Sentence in Appeal for Assaulting Elderly Over Torn Diaper

Suwon District Court Reduces Sentence on Appeal

The director and her daughter, who assaulted elderly residents admitted to a nursing home due to severe illnesses such as dementia, received reduced sentences in the appellate court.

On the 30th, the Criminal Appeals Division 2 of Suwon District Court (Chief Judge Park Pyeongsu) overturned the first trial verdict, which had sentenced A, a woman in her 40s working as a nursing assistant, and B, her mother and the nursing home director in her 60s, to imprisonment and suspended sentences for charges including special assault and violation of the Elderly Welfare Act. The appellate court sentenced A to 1 year and 4 months in prison and fined B 10 million won. Additionally, both were ordered to be banned from employment in elderly-related institutions for five years. Previously, the first trial had sentenced A to 1 year and 6 months in prison and B to 1 year in prison with a 2-year suspended sentence.

[Photo by Yonhap News]

A was charged with assaulting C (84), a resident at a nursing home in Gyeonggi Province, on December 27, 2021, after seeing C tear up a soiled diaper by hand and throw it on the floor. A struck C multiple times on the back of the head, back, legs, and forehead using her hands, a mobile phone, and a broom. A was prosecuted for assaulting seven elderly victims a total of 24 times from summer to December of the same year. Director B was also investigated for assaulting another victim, D (80), on May 17, 2021, by pinching D’s nose bridge and throwing glue because D was shouting. Furthermore, B is charged with neglecting to prevent her daughter A from assaulting the elderly.

The appellate court noted, "This facility is a nursing home for elderly individuals who have been certified for long-term care due to severe geriatric diseases such as dementia and stroke. The victims lack the ability to protect or defend themselves and often cannot properly report their suffering even if harmed. A abused and beat these powerless elderly residents routinely over a long period, causing them significant mental and physical suffering."

However, regarding sentencing, the court explained, "Considering that A admitted to all charges and is remorseful, was forgiven by some victims’ families, and is a first-time offender, the original sentence was deemed excessively harsh and unjust." Regarding B, the court stated, "The Elderly Welfare Act Article 60’s joint penalty provision applicable to the defendant’s crime only prescribes fines, yet the first trial imposed imprisonment for this charge and combined it with other offenses to sentence a single prison term. This explains the reason for imposing a fine in the appellate court."

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