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(영문) 서울고등법원 2018.09.14 2018노1363
자살방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the mother who had already committed suicide was unable to help the Defendant to commit suicide, the Defendant, among the facts charged in the instant case, caused the Defendant to commit suicide.

The part of the judgment below, which is seen as a suicide aid rather than a suicide aid, is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. Of the criminal facts in the judgment of the court below regarding the assertion of misunderstanding of the facts or misapprehension of the legal principles, the part of the defendant's argument that "the defendant raised the issue" means that "the defendant (comfore) was hospitalized in the hospital on February 2, 2018 and discharged from the hospital, but, after the discharge, the state that the victim appeared to have been bread more serious than the transfer and that he was unable to realize breath," the victim "I am to return to the hospital," and that "the victim is flicker and flick," and the defendant is the victim who died as his mother and Eup.

In addition, her mother will not be able to work.

The Eup/Myeon shall be the deceased and Eup.

The part that read “the victim caused suicide to the victim” is that “the victim caused suicide.”

In this regard, the prosecutor tried to assist the victim in committing suicide by attempting the victim to commit suicide at the end of the facts charged.

"In doing so, it is clear that the defendant was prosecuted as a aiding and abetting suicide, and the court below also recognized the facts of the crime.

In light of this point, the part of the lower court’s criminal facts that “the Defendant caused suicide to the victim” is that the Defendant died as her mother and her match.

In addition, her mother will not be able to work.

The Eup/Myeon shall be the deceased and Eup.

It means that “the victim’s will to commit suicide was made easily by raising the victim’s will to commit suicide in a mental sense.”

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