'Danggisio' Door Pushed, Opposite 70s Woman Dies... Ultimately 'Guilty'

2nd Trial: Guilty of "Carelessly Opening Door Causing Brain Hemorrhage"

A woman in her 70s who was standing outside fell and died after a door marked "Pull" was pushed open. The man in his 50s who pushed the door was found guilty in court.

According to the legal community on the 2nd, the Supreme Court Division 1 (Presiding Justice Seo Kyung-hwan) upheld the lower court's ruling on the appeal of Mr. A, who was charged with negligent homicide and negligent injury, confirming the guilty verdict on the negligent injury charge and sentencing him to a fine of 1 million won with a one-year suspended sentence on the 28th of last month.

(This photo is not directly related to the article.) [Photo by Pixabay]

On the morning of October 31, 2020, around 8 a.m., Mr. A pushed open the door of a massage parlor in Asan, Chungnam, and accidentally knocked down Ms. B (76), who was standing in front of the door. As a result of the accident, Ms. B died on the spot from traumatic brain hemorrhage, and Mr. A was charged with negligent homicide.

The prosecution charged Mr. A with negligent homicide, stating that the parlor’s door had an opaque sheet attached and a notice saying "Pull."

The first trial court ruled Mr. A not guilty, stating, "While it is socially foreseeable that someone might get injured while opening a door, it is unusual and unforeseeable that the impact would cause the person to fall to the floor, hit the back of their head, and die."

Supreme Court [Photo by Yonhap News]

Subsequently, the prosecution changed the indictment by making the negligent homicide charge the main charge and adding the negligent injury charge as a subsidiary charge, then appealed. The second trial court acquitted Mr. A of negligent homicide but found him guilty of negligent injury.

Mr. A claimed, "It was difficult to know that someone was outside the door, and I did not push the door hard," but the second trial court stated, "He is not free from responsibility for negligently opening the door and causing the victim to suffer injuries such as brain hemorrhage." However, the court also noted, "Considering that the degree of negligence is not severe, that all rescue measures were taken after the accident, and that a smooth settlement was reached with the bereaved family."

Ultimately, the court overturned the first trial’s not guilty verdict and sentenced Mr. A to a fine of 1 million won with a one-year suspended sentence. The Supreme Court also deemed the second trial’s ruling appropriate and confirmed the suspended sentence with the fine.