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집행유예
(영문) 춘천지법 원주지원 2009. 7. 16. 선고 2009고합30 판결
[자살방조·자살방조미수] 항소[각공2009하,1517]
Main Issues

[1] The case holding that in a case where the founder of the Internet suicide camera, a single member, joined approximately 30 members by way of sending a subscription draft register, etc., and members exchange information on the satellite and methods of suicide with each other, and thus some members commit suicide or attempted suicide, the case holding that in a case where part of the members committed suicide or attempted suicide, the person who opened the car page shall be held liable to commit the crime of aiding and abetting suicide

[2] The case holding that in the case where the defendant and the members of the Internet suicide Kacoon "Internet suicide Kaco," together with the defendant and the members of the "Internet suicide Kacoon, attempted to commit suicide along with their intent to commit suicide, but the other members died from the addiction of the U.S.carbon but on the other hand, the defendant committed the attempted suicide, the crime of aiding and abetting the defendant

Summary of Judgment

[1] The case holding that in a case where a part of the members committed suicide or attempted suicide by a person who established a single-name Internet suicide camera, and 30 persons join the car page by sending a subscription draft book, etc., and members exchange information on the justification and method of suicide, etc. of each other's suicide, colors of accompanying suicide, strengthen their will to commit suicide, and facilitate their implementation, the case holding that in a case where part of the members committed suicide or attempted suicide, the person who established the car page shall be liable to commit a crime of aiding and abetting suicide.

[2] The case holding that in the case where the defendant and the members of the Internet suicide Cascule "Internet suicide Cascule" purchased the exemption, scule and scule, Cheong tape, etc. with intent to commit suicide, and the other members attempted to commit suicide, but on the other hand, the defendant died from the Mosculosis addiction, while the defendant committed attempted suicide, the crime of aiding

[Reference Provisions]

[1] Articles 252(2) and 254 of the Criminal Act / [2] Articles 252(2) and 254 of the Criminal Act

Reference Cases

[1] [2] Supreme Court Decision 92Do1148 delivered on July 24, 1992 (Gong1992, 2605) Supreme Court Decision 2005Do1373 Delivered on June 10, 2005 (Gong2005Ha, 1203)

Escopics

Defendant 1 and one other

Prosecutor

Earroes

Defense Counsel

Attorney Song-chul et al.

Text

Defendant 1 shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, with respect to Defendant 2, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Defendant 1

피고인은 2009. 3. 28. 05:00경 경남 합천군 (이하 상세주소 1 생략) 소재 피고인의 집에서, 자살하고자 하는 생각을 갖고 있는 사람들에게 자살과 관련된 정보를 제공하고, 여러 사람이 함께 자살을 실행할 수 있도록 상호 연결해 주기 위한 목적으로 인터넷 검색사이트 ‘네이버’에 “동반자살(http//cafe.naver.com/ 이하 생략)”(이하 ‘동반자살 카페’라 한다)이란 명칭으로 일명 인터넷 자살 카페를 개설한 다음, 위 네이버의 ‘지식in’란의 자살과 관련한 게시글을 검색하여 그 글의 작성자 내지 답변자 등 약 30여 명에게 동반자살 카페에 대한 가입초대장(‘자살을 원하시면 가입하시오’라는 문구와 함께 동반자살 카페의 이름, 카페의 인터넷 주소 등을 기재하였음)을 발송한 후, 그 무렵 피해자 1(26세), 피해자 2(여, 18세), 피해자 3(여, 21세), 피해자 4(여, 18세), 피해자 5(47세), 피해자 6(여, 21세), 피해자 7(여, 19세), 피해자 8(여, 23세), 피해자 9(22세) 등 약 30여 명을 회원으로 가입시키고, 위 피해자 1 등을 부운영자나 신입회원 맞이 스텝 등으로 지정하였다.

In addition, around April 6, 2009, the Defendant sent to the victim 8 of suicide with the following: (a) on April 12:24, 2009: “I need to take away if there is a lack of oxygen. I want to see that it would be more effective if you go through a narrow smuggling; (b) I would like to look back the ways of suicide, “I would like to not fill the two pages,” and (c) I would like to establish a detailed plan for the suicide, and (d) I would like to look at the victim’s suicide through the online bulletin board of the victim’s suicide at the same time; and (d) I would like to open the Internet bulletin board of the victim’s suicide with the victim’s attempt to enter into the suicide, and (e) I would like to have the victim’s suicide with the victim’s attempt to fill up the suicide, and (e) I would like to have the victim’s suicide with the victim’s desire to leave the Internet bulletin, and (e) I would like to open the 20-day.

Accordingly, the Defendant: (a) around 14:15 on April 8, 2009, around 14:15, the Defendant: (b) around 5, the Gulgambling room located in Gangwon (hereinafter referred to as the “Detailed Address 2 omitted); (c) around 09:10 on April 17, 2009, the Defendant: (d) at around 303, the victim 1 and the victim 2 died by using the rashing gas addiction in each of the following methods: (e) around 15, 209; (e) around 15, 200, the victim’s death by using the rashing gas addiction in each of the following methods: (e) around 30 days; (e) around 17, 2009; (e) around 4:09:10,000,0000 won (hereinafter referred to as the “vehicle number 4 omitted); and (e) around 25, 2005.2.2.3.

In addition, on April 23, 2009, the Defendant attempted to commit suicide in the above (vehicle No. 2 omitted), but the victim 8 and the victim 9 attempted to commit suicide by each of the above methods, but was discovered before the death and received treatment at the hospital, and did not bring about an attempted suicide.

Accordingly, the defendant attempted to assist or aid the suicide of the victims, but attempted to commit the attempted suicide.

2. Defendant 2

Around 13:00 on April 9, 200, the Defendant consulted with the victim 1 and the Internet side at the Defendant’s house of Gangdong-gu Seoul (hereinafter the detailed address 6 omitted) about suicide. At around 17:00 on the same day, the Defendant agreed to commit suicide by the victim 1 and the victim 10 in the mountain basin located in Sungnam-si, Sungnam-si, Sungnam-si, and agreed to commit suicide by means of drinking gas and diving in the air room. At around 13:00 on April 13:0, 200, the Defendant directly collected expenses for the above victim 1, victim 10, and 11, the victim 2, the victim 150,000 through 200,000,000 won and 15:00,000,000 won and 1,000 won and 3:0,000,000 won and 3:0,000,000 won.

At around 18:00 on April 14, 2009, the Defendant entered the lecture room 303 (hereinafter 3 omitted) with the above victims, and rash the rabbbb loan 303 located in the lecture room from April 15, 2009 to 01:00, the Defendant drinks with the victims, booms with the hearing tape attached to the gap between visits and windows, booms with the victims, and moves 2 the rabbs with the smoke into the room, and dives with approximately 20 eggs of the exempted water.

Accordingly, the defendant assisted the victims to commit suicide by causing their death through the addiction to each of the U.S. carbon poisonings.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning Kim Sung-hoon;

1. A copy of a report on the occurrence of each case, a copy of a corpse inspection report, a summary map, and photograph of a corpse inspection, a list of members of the site of accompanying persons, and a copy of each body inspection report;

1. Each investigation report (including attachment of a report on the investigation status of the Dong Ceiling Slaughter case, attachment of communications data of accompanying persons, attachment of communications data of members of the partner suicide, attachment of accompanying persons' suicide site, attachment of contents, such as attachment of notes, attachment, search and inspection warrant 2009-667) and accompanying documents;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant 1: Article 252(2) and (1) of the Criminal Act (the point where a person commits suicide) and Articles 254, 252(2) and (1) of the Criminal Act (the point where a person commits suicide)

B. Defendant 2: Article 252(2) and (1) of the Criminal Act (the point of view of aiding and abetting suicide)

1. Formal concurrence (Defendant 1);

Articles 40 and 50 of the Criminal Act (Punishments under Articles 40 and 50 (Punishments under Articles 40 and 50 of the Criminal Act concerning Victims Who are the most severe Crimes and Crimes)

1. Aggravation for concurrent crimes (Defendant 2);

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of Concurrent Crimes for Punishment of Murder with Respect to 11 Victims with the largest penalty)

1. Suspension of execution (Defendant 2);

Article 62(1) of the Criminal Act (Consideration of Sentencing favorable Conditions among the Reasons for Sentencing)

Grounds for sentencing

Since human life has an absolute and dignity that no one can dispose of without permission, the act of aiding and abetting another person's life cannot be severely punished, and in particular, considering the fact that the Defendants' act of aiding and abetting another person's life has reached the death even to the victims of her age who have not yet been able to judge due to the Defendants' act, the nature and circumstances of the Defendants' crime are very heavy.

1. Defendant 1

The defendant opened a so-called suicide camera on the Internet so that many and unspecified persons can join the above camera, strengthen his will to commit suicide, and facilitate the implementation thereof. In addition, considering the fact that the above act is highly dangerous, the actual nine victims attempted suicide, resulting in a serious result of the loss of seven persons among them, and that there is a need to wear a social awareness about the act of aiding and abetting suicide in the current situation at the time of life. In addition, the defendant cannot be sentenced to severe punishment.

However, the degree of the victims' participation in the suicide was not severe, the defendant was forced to commit the crime of this case in a state where he lost his desire to live due to depression, etc., the fact that his mistake is divided in depth, the first offender is the first offender, and all other factors of sentencing as shown in records and arguments are considered.

2. Defendant 2

The nature and circumstances of the defendant's crime are very vague as seen earlier.

However, while the defendant tried suicide together with the victims, the defendant has been committing the crime of this case, the fact that his mistake has been divided in depth, and the existing debt relations have been organized, and thus, he lives faithfully with his family. There is no history of punishment different before the case, and all other factors of sentencing as shown in records and arguments shall be considered.

Judges Lee Jong-chul (Presiding Judge)

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