A caregiver in their 70s who fatally pushed a person with a disability in a wheelchair as they tried to get into an elevator has received a suspended prison sentence in their second trial.

According to the legal community on August 8, the Seoul High Court dismissed the prosecutors' appeal in the second trial for the caregiver indicted on charges of assault resulting in death, upholding the lower court's sentence of two years in prison suspended for three years.

The caregiver was put on trial for using their foot to forcefully push a patient in their 60s with a physical disability who was sitting in a wheelchair, causing their death, in front of a hospital elevator in Hanam, Gyeonggi Province, at around 7:55 PM in July of last year.

Investigations showed that when the patient, who had both legs amputated below the knees, tried to board the elevator, the caregiver thought it would be "troublesome" and forcefully shoved the wheelchair backward with their right foot.

As a result of the impact, the patient fell backward along with the wheelchair and struck their head hard against the floor. The patient received emergency treatment at the hospital but died that same night from a concussion and other injuries.

Previously, the first-instance court handed down a suspended sentence, taking into account that while the defendant's actions led to irreversible consequences, the act seemed to stem from a momentary lapse in judgment rather than an intention to harm, and that the defendant had reached a settlement with the bereaved family.

Although the prosecutors appealed on the grounds that the sentence was too lenient, the appellate court also rejected the appeal, stating that the original sentence appeared appropriate and there were no new changing circumstances to warrant a different decision.