2018 combined 321 Rescue and Aid for suicide

A person shall be appointed.

○○ (Public Prosecution) and Ma○○ (Public Trial)

Attorneys Kim Jong-○ (Korean National Assembly Line)

October 12, 2018

A defendant shall be punished by imprisonment for one year.

Criminal history room (criminal history)

On August 20, 2015, the Defendant was sentenced to eight months of imprisonment for the crime of occupational embezzlement in the Seoul Eastern District Court on August 20, 2015, and was released on December 23, 2016 during the execution of a sentence in the prison for interest, and the parole period expired on January 19, 2017.

[Criminal Facts]

On January 27, 2018, while the Defendant was suffering from depression, divorce, etc., the Defendant discovered the victim B’s writing that he/she wanted to commit suicide by visiting the twitter, searching a notice on suicide, and searching a person who would commit suicide together, and the contact with B, and resolved to have a conversation with B and to commit suicide.

On January 28, 2018: around 30: Around 09: Around 30, the Defendant was driving a taxi operated by himself, and discussed the methods of gathering the victim or committing suicide, after arriving in the vicinity of the △△△△△△, which is the victim’s residence; around 10:59 on the same day, the Defendant purchased a dog, charcoal, bry, etc. at a nearby store, along with the victim, at around 10:59 on the same day on the 22th day of the day when the victim took a place in the top of the flading car operated by the victim, and at around 876 - 450 on the 34th day.

Since then, the Defendant, along with the victim, prevented the indoor air exit of the said vehicle from being damaged by the hearing tape that brought about by the victim. The Defendant saw the surface guidance system with the victim by putting the fluor on the front door of the said vehicle with a soil flusium attached to the fluor, and then sleeped with the victim, and accordingly, the victim died from the flusium addiction in the said vehicle around that time.

As a result, the Defendant, along with the victim, distorted the method of suicide, prepared suicide tools, and aided and abetted the suicide of the victim by facilitating the suicide of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report (in relation to CCTV images taken at the time of the purchase of a Kakaotho projected coal, the contents of the CCTV conversation between the suspect and the victim), records on the scene of a change in the incident, reports on the results of investigation of a changer, and a copy of the results of examination of the corpse;

1. A gene appraisal report and a autopsy appraisal report;

1. Previous convictions: Criminal references and investigation reports (verification of judgment related to repeated crimes and date of release);

Application of Statutes

1. Article applicable to criminal facts;

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

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act: Reasons for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor for one year to 20 years.

2. Determination of sentence;

The Defendant reported the fact that the victim was to find a person who will commit suicide accompanied by Twitter and contacted with the victim to commit an accompanying suicide, which eventually led to the death of only the victim. The nature of the crime is not good in that there is a serious consequence that may infringe on the life of the victim, which is an absolute value to be protected. The crime of this case is a crime committed during the period of repeated offense.

However, the defendant led to the crime of this case, and the defendant tried to commit suicide with the victim, and the victim was also in a state that he was in contact with the defendant before receiving contact with the defendant.

The punishment as ordered shall be determined in consideration of the above circumstances and all of the sentencing conditions shown in the records and arguments, such as the defendant's age, family relationship, criminal record, character and conduct, environment, and circumstances after the crime.

The judge's degradation;

Judge Roster

Judges Lee Young-young