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(영문) 대전지방법원 천안지원 2019.10.02 2019고합171

자살방조

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had conversations at the open hosting room B’C operated by himself/herself, and agreed to commit suicide with the victim while in close contact with the victim D (at 17 years of age) that he/she had become aware, and was accommodated with the victim on May 15, 2019 in the Daegu East-gu EelF room on May 13:22, 2019.

At around 20:00 on May 15, 2019, the Defendant: (a) prevented the gap in the cryp, ventilation apparatus, shower straw, etc. with the tapes purchased in advance from the bathing rooms located in the above Fheading room; (b) caused the death of the victim due to the cryposis by making a fire on the floor; (c) closing the bathing room with the victim; (d) cutting the cryp and the water surface guidance system with the victim; and (e) putting the cryp and the water surface guidance system into the cryption.

Accordingly, the defendant assisted the victim to commit suicide.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A corpse inspection report and a report on the results of field identification;

1. A report on investigation (Attachment of an accompanying document);

1. Application of the Acts and subordinate statutes to photographs (profinites);

1. Article 252 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of recommending sentencing criteria: The sentencing criteria are not set for the crimes of aiding and abetting suicide.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the defendant attempted suicide with the victim and eventually led to a serious result leading to the death of the victim.

The act of aiding and abetting suicide is a crime that infringes upon human life with absolute and human dignity that no one can dispose of without permission, and such crime is not easy.

The defendant not only has prepared tools to be used for the crime of this case directly, but also has proposed accompanying suicide.