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집행유예
(영문) 서울남부지방법원 2019.5.10.선고 2019고합72 판결

자살방조

Cases

2019 Highly72 Helping suicide

Defendant

○○ (88 years old, female)

Prosecutor

○○ (Institution of Prosecution) and static○ (Public Trial)

Defense Counsel

Attorney Cho ○-○ (Non Line)

Imposition of Judgment

May 10, 2019

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On March 2018, the Defendant: (a) committed suicide with a SNS’s Twitter, and (b) committed suicide with a boomer (54 years old) while the Defendant was found to be accompanied by the app through a SNS’s Twitter; and (c) committed suicide with a boomer (54 years old).

On March 20, 2018, the Defendant purchased necessary bombs, tins, and transparent tapes to commit suicide in the vicinity of the victim's dwelling in Ulsan-gu, Ulsan-gu, and entered the victim's residence.

In the above victim's residence, the defendant sealed the window crepan by using a transparent tape so that it does not leak the bomb after drinking with the victim, and duplicating it by cutting off the duplicious amount possessed by the victim, and then duplicating it. Accordingly, the victim duplicating the humb on the humb and duping the humb, dupinging the humb, and then the victim died from the 21th day of the same month from the above time to the 40th day of the same month, and the defendant was found by the victim who was found in the above residence and was sent back to the 119 emergency and living.

Accordingly, the defendant assisted the victim to commit suicide.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 252(2) and (1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Reasons for sentencing: Imprisonment with prison labor for a period of up to 10 years;

2. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the criminal defendant prepared items necessary for suicide with the victim for the purpose of committing suicide and aids and abets the victim's suicide.

However, the Defendant had experienced depression and suicide impulse from the juvenile press, and committed a crime of violating the Electronic Financial Transactions Act around February 26, 2018, and seems to have caused the instant crime. The Defendant, other than a person who was sentenced to a fine due to the crime of violating the said Electronic Financial Transactions Act, has no record of criminal punishment, recognized the instant crime, against whom the instant crime was committed, and was committed against himself/herself, and even under the mental and medical treatment after the instant crime, should not be avoided further.

In addition, the defendant's age, character and conduct, health status, family relationship, background leading to the crime, means and result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the arguments of this case.

Judges

The presiding judge shall have jurisdiction over the judges;

Judges Kim Sung-sung

Judges, Senior Jins