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집행유예
(영문) 수원지방법원 2018.8.24.선고 2018고합279 판결
자살방조
Cases

2018 High Aid for suicide

Defendant

Ma-○ (82-years, South) Construction

Housing Olsan City

computed at the time of filing the reference domicile;

Prosecutor

Annual leather (Lawsuits) and Kim Jin-young (Trial)

Defense Counsel

Attorney Park Do-young

Imposition of Judgment

August 24, 2018

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Facts of crime

On May 2018, the Defendant was aware of the victim gold ○○ (24 years old) and Maboo, who had the same intention through a search at a patrolman, with economic difficulties, committed suicide with people who are in the line of suicide while entering the military, and had been able to commit suicide with 203 points of 203 points of 10 on May 11, 2018.

At 14:00 on the same day, the Defendant: (a) entered the above ○○ 203 in which ○○○○ is residing by carrying two nitrogenous gas throughout the Defendant’s AW car, vinyl fluor, connection fluor, tape, etc.; (b) the victim possessed the water exemption and arrived at the above 203th day on the same day.

From 00 to 21:35 on the same day, the Defendant, ○○○, and the victim tried to commit suicide by opening a valve in a vinyl and inserting them into a vinyl with each other’s face, covering strings connected to a nitrogen, and inserting them into a vinyl string, and then opening a valve in a nitrogen gas tank. Although the Defendant and ○○○ knew of the fact that the victim did not prevent the above acts but did not control the death, the victim died due to the lack of oxygen due to the lack of oxygen by around that time.

As a result, the defendant and the ○○○ aided and abetted the suicide of the victim by aiding and abetting the victim by gathering suicide together with the victim, preparing and producing suicide tools, providing a place for suicide, etc.

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 252(2) and (1), and 30 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for one year to ten years; and

2. Determination of sentence;

Although there is no reason to consider the circumstance that the Defendant’s wife was in an economically difficult situation and led to the instant case, it cannot be deemed that the Defendant’s criminal liability cannot be denied in light of the following: (a) the Defendant’s suicide was facilitated by providing the victim with nitrogen gas and heading, thereby facilitating the victim’s suicide; and (b) the victim’s life with absolute value was infringed.

However, even though the defendant did not want to commit a suicide but did not encourage the victim to commit a suicide, it has not been achieved that the defendant attempted to commit a suicide with the victim, etc. who had already been in mind of committing a suicide. The defendant is in depth in contrast to his own crime, and the defendant shows his will to commit a crime again after the case, and the defendant's personality and behavior, intelligence and environment, relationship with the victim, motive, means, and result of the crime, etc., shall be determined as per the disposition, taking into account various sentencing conditions revealed in the trial process of this case, such as the defendant's character and behavior, intelligence and environment, relationship with the victim, motive, means, and result.

Judges

Judge Lee Jae-chul

Judges Kim Jong-hee

Judges Shin Shin-chul

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