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(영문) 대구고등법원 2019.10.24 2019노425

자살방조등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant attempted to commit suicide with the victim E, B, and C, but aided and aided the victim E’s suicide by leading the victim E to death, and attempted to commit suicide with the victim E, but attempted to commit such suicide.

The crime of suicide aiding and abetting is one of the crimes that infringe upon human life with absolute and dignity that anyone can not dispose of without permission, and the nature and circumstances of the crime are heavy.

However, the Defendant recognized all of the crimes of this case and reflected the mistake.

The defendant also committed suicide aiding and abetting the victim E, etc., and there are circumstances to consider the circumstances of the crime, such as attempting to kill the victim with the victim E, etc., and the crime committed suicide aiding and abetting B and C was committed with the attempted crime.

The defendant has no record of being punished for the same kind of crime, and the defendant is trying to recover his/her will of life by receiving depression treatment at a hospital or counseling at a mental health welfare center, and his/her family members also want to take the lead to the defendant.

In addition, in full view of the circumstances shown in the records and arguments of this case, such as the age, occupation, character and conduct, environment, economic situation, motive and background of the crime, and circumstances before and after the crime, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 252(2) and (1), and Article 30 of the Criminal Act for the crime concerned, and Articles 254 and 252 of the Criminal Act for the crime