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(영문) 대구지방법원 2017.02.10 2016고합189
자살방조
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant reported marriage with the Victim F (58 tax) around March 4, 2002 and was in a marital relationship with the other spouse.

On May 1, 2015, the Defendant, at around 10:40 on May 1, 2015, brought about a dispute with the victim in relation to the fact that the victim lost his personal effects at the house of the Defendant in Ulsan-gun G.

피해자가 신병을 비관하며 “ 죽어 버리겠다 ”라고 하자, 피고인은 “ 이거 먹고 콱 죽어 라 ”라고 말하며 집 안에 있던 제초제( 그라 목 손) 가 담긴 드링크 병을 피해자에게 건네주었다.

The Defendant helps the victim to commit suicide by causing the victim to wear the above draft system, etc., and the Month of such help and help the victim commit suicide.

9. Around 03:27, at the early high medical center located on the 3-gilhn Sin Young-si, Seocho-si, Young-si, the victim died of the brut addiction, thereby aiding and abetting the suicide of the victim.

2. Determination

A. The facts constituting the elements of a crime charged in a criminal trial should be based on strict evidence with the probative value, which leads to the prosecutor’s burden of proof, whether it is subjective or objective, and the recognition of facts constituting a crime should be based on the judge’s reasonable doubt-finding.

Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, even if the defendant’s assertion or defense is contradictory or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 201). (b) The core evidence to acknowledge the facts charged of the instant case lies in ① the statement of the victim as recorded in the victim’s penology and recording file, ② the statement of the victim’s relative, H, I, and the investigating agency of J, the birth of the victim, and the victim’s each statement in this court.

b) the Commission;

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