A defendant shall be punished by imprisonment for five years.

A seized Hand-mixed (No. 1) and a bridge.

A. The sentencing of the lower court (three years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The judgment of the defendant has a reason to favorably consider the sentencing of the defendant, such as the fact that the defendant committed the crime of this case in a state of mental and physical disorder, the defendant did not have any previous conviction for the age exceeding 70 years, the defendant attempted suicide immediately after the crime of this case, and the victim's children do not want the punishment of the defendant.

However, in light of the basic gravity of infringement of legal interests as a crime of murder committed by the victim's life, and the fact that the defendant is doubtful of the victim's external appearance on the day of the instant case, which led to the instant crime (as seen in the front and rear, there seems to be a basic error in the type classification in the sentencing guidelines of the lower court), and the cruelness of the instant crime (at that time, the Defendant, at the time, was able to see the head part of the victim with a wooden bridge, and the knife of the knife of the victim with the knife of the knife of the knife of the knife, so far as the victim died from the two knife and the excessive knife).

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The main part of the judgment of the court below is as follows.

Application of Statutes

1. Relevant Article 250 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of limited imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The sentencing criteria are set;