Grandmother Eventually Dies, Trial for Death by Abuse of Dependent
1st Trial Acquittal Overturned, Sentenced to 1 Year 6 Months in 2nd Trial
A daughter who drove her 70-year-old mother with dementia out naked into the cold winter, leading to her death, was sentenced to prison in the second trial.
According to the legal community on the 8th, the Jeonju 1st Criminal Division of the Gwangju High Court (Chief Judge Baek Gang-jin) sentenced A (49) to 1 year and 6 months in prison on the 18th of last month for the charge of abuse resulting in death of a direct ascendant. This overturned the first trial court's verdict, which had acquitted A.
A, who had been caring for her 70-year-old mother with dementia along with her 6-years-older brother, stood trial last year on charges of abusing her mother to death (abuse resulting in death of a direct ascendant).
Forced mother outside the house naked in the evening
A daughter who drove her mother in her 70s, suffering from dementia, out naked in the cold winter, leading to her death, was sentenced to prison in the second trial. [Photo by Asia Economy]
On December 9, 2021, at her residence in Jeonju, Jeollabuk-do, A told her mother B to take off her clothes because she smelled bad. Afterwards, A forced her mother, who was naked, outside the house.
B, who was suffering from severe dementia, went outside as A instructed. The time was 6:50 p.m., and the temperature was 10.6 degrees Celsius. Although relatively warm for winter weather, it was unbearably cold for B, who was naked.
When a passing neighbor found B, she was trembling all over from the cold. The neighbor knocked on A’s door to bring B back inside, but A did not respond. Another resident also rang the doorbell, but there was no reaction.
Thus, B was left alone outside naked for about an hour and a half. As time passed, the temperature dropped further, and a concerned neighbor called 112 (emergency number). When the police arrived and brought B back inside, A finally opened the door. Inside, B repeatedly said she was cold, showing signs of exhaustion.
About an hour later, C, B’s assigned social worker, arrived at A’s house after being contacted by the police. When C visited, B was lying face down naked, covered with a blanket. When C asked why B was undressed, A replied, "B keeps trying to take off her clothes."
When C turned B’s body to check her condition, B was already not breathing. C immediately called 119 (emergency medical services), and B was transported to a nearby hospital but ultimately passed away.
The National Forensic Service’s autopsy doctor stated that B’s cause of death appeared to be "hypothermia or acute cardiac arrest," but also noted that "death due to diabetic complications or other underlying diseases cannot be ruled out."
Ultimately, A, who stood trial for abuse resulting in death of a direct ascendant, denied the charges during the trial, saying, "I admit telling my mother to take off all her clothes and go outside, but I did not intentionally abuse her."
In court, A claimed, "I have been suffering from a mental illness for over 10 years," and "My mother and brother were my guardians; I have no obligation to take care of my mother." She also argued that forcing her mother to undress and go outside was not intended as abuse. The first trial court accepted A’s claims and acquitted her.
On June 8 of last year, the Jeonju District Court 11th Criminal Division (Chief Judge Noh Jong-chan) ruled, "It is true that the victim stayed outside the house for a long time, but when she returned home, her body temperature had somewhat recovered or was close to normal," and "Considering the autopsy doctor’s suggestion of death from other causes, it cannot be concluded that the defendant’s actions caused hypothermia."
Second trial court overturns first trial verdict and sentences 1 year and 6 months imprisonment
The Jeonju 1st Criminal Division of the Gwangju High Court, presided over by Chief Judge Baek Gang-jin, which handled the appeal trial, pointed out on the 18th of last month, "The defendant caused physical and mental shock to the victim and sent the victim outside the house with the purpose of making them comply with his words. This alone constitutes an act of abuse." [Photo by Asia Economy]
The prosecution immediately appealed, and the appellate court judged that the autopsy doctor’s opinion that B’s pre-existing illness could have acted as a factor worsening or triggering hypothermia should be considered first.
The Jeonju 1st Criminal Division of the Gwangju High Court (Chief Judge Baek Gang-jin), which handled the appeal trial, stated on the 18th of last month, "The defendant caused physical and mental shock to the victim to make her obey by forcing her outside the house. This alone constitutes abuse."
The court further ruled, "The victim did not suddenly suffer cardiac arrest without any external factors. Considering experts’ opinions that 'an elderly dementia patient with diabetes who was outside could easily die from hypothermia,' it is sufficient to recognize a causal relationship between the defendant’s abuse and the victim’s death."
However, the court noted, "The defendant has suffered from mental illness since her twenties and appears to have committed the abuse impulsively while lacking normal judgment. Considering that it is difficult to place sole responsibility on the defendant, the sentence was determined accordingly," sentencing A to 1 year and 6 months in prison.
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