logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.03.31 2015노673
자살방조미수등
Text

1. The part of the judgment below on the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. The defendant;

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding C did not commit suicide, and the Defendant and the requester for an attachment order (hereinafter “Defendant”) did not easily facilitate C’s suicide, and thus, the crime of aiding and abetting suicide is not established.

B. Even if the Defendant’s act constitutes a crime of aiding and abetting suicide, in light of the fact that the Defendant could have been able to block C’s suicide by delaying the Defendant’s commission of an extreme suicide, etc., the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts, aiding and abetting in the crime of aiding and abetting the suicide is not a matter of the general provisions of the Criminal Act, but an act of aiding and abetting the suicide, and this crime is not subject to the general provisions of the Criminal Act. Thus, even if aiding and abetting the suicide but the aiding and abetting and abetting did not commit the act of aiding and abetting the suicide, the crime of aiding and abetting the suicide is established.

Therefore, in this case, although C did not commit suicide, if the defendant committed the aiding and abetting of suicide, the crime of aiding and abetting of suicide is established. Therefore, this paper examines whether C aided and abetting of suicide.

B) The crime of aiding and abetting and abetting suicide under Article 252(2) of the Criminal Act is established by having a person who attempts to commit suicide easily and by inducing such person to commit the act of aiding and abetting and abetting suicide. The method includes lending a gun or knife, creating a knife, offering advice or encouragement, or other active, passive, material, and mental methods (see Supreme Court Decision 2005Do1373, Jun. 10, 2005). In full view of the above legal principles and the following circumstances recognized by the evidence duly adopted and duly examined by the court below, the defendant can be sufficiently recognized that the defendant aided and actively supported the act of aiding and abetting suicide, thereby facilitating the implementation thereof.

arrow