Not Guilty in First Trial, Guilty of Negligent Injury in Second Trial
"Brain Hemorrhage Caused by Carelessly Opening the Door"
A man in his 50s who opened a door by pushing it, which should have been pulled, causing the death of a woman in her 70s standing outside, was found guilty in the appellate court.
According to the legal community on the 25th, on the 16th, the Criminal Appeals Division 2 of the Daejeon District Court (Chief Judge Choi Hyung-cheol) sentenced the man in his 50s to a fine of 1 million won with a one-year suspended sentence for pushing the door outward and causing the death of a woman in her 70s standing in front of the door.
Mr. A (52) was going up from the basement massage parlor to the first floor of a building located in Asan, Chungnam, around 8 a.m. on October 31, 2020, when he pushed the door outward, causing Ms. B (76, female), who was standing in front of the door, to fall. Ms. B died on the spot from traumatic brain hemorrhage and other injuries, and Mr. A was prosecuted on charges of negligent homicide.
The prosecution argued that since there was a sign inside the door saying "Pull," the door should have been opened by pulling inward, but Mr. A failed to exercise due care by pushing forcefully without properly checking his surroundings.
The first trial court stated, "It is socially foreseeable that someone might get injured while opening a door," but dismissed the prosecution's claim, saying, "It is unusual and difficult to foresee that the victim would fall to the floor and hit the back of her head, resulting in death from the impact."
Furthermore, the court noted that the door was made of translucent glass, making it difficult to notice a person without careful observation, and that the victim had lingered outside the building for about 40 seconds, making it hard for someone inside to anticipate such behavior, and thus acquitted Mr. A.
The prosecution appealed, citing a legal error in fact-finding, arguing that "there is sufficient possibility to foresee the fatal outcome of the victim’s death," and amended the indictment by making the negligent homicide charge the main charge and adding negligent injury as an alternative charge.
In the second trial, Mr. A claimed, "It was difficult to know there was a person outside the door, and I never pushed forcefully," but the appellate court acquitted him of negligent homicide while finding him guilty of negligent injury.
The appellate court stated, "The responsibility for injuring the victim with brain hemorrhage and other injuries by carelessly opening the door is not light." Mr. A has appealed the second trial verdict.
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