The defendant of mental disorder was in a state of mental disorder or mental disability due to serious symptoms, etc. at the time of committing the instant crime.

In light of the fact that the Defendant voluntarily suspended the instant crime and committed an attempted crime, and that the Defendant under seventy-four years of age is not healthy due to high blood pressure, etc., the sentence imposed by the lower court against the Defendant (five years of imprisonment) is too unreasonable.

Judgment

In full view of the Defendant’s age, character and conduct, family environment, power, the background and mode of the instant crime, the circumstances and behavior before and after the instant crime, etc., which can be known through the records of the instant case, the Defendant lost his ability to discern things or make decisions due to his personal identification, etc. at the time of the instant crime.

such ability does not appear to have been weak.

Therefore, the defendant's mental disorder cannot be accepted.

As to the assertion of unfair sentencing, the Defendant recognized the instant crime and is in profoundly against the Defendant, and the Defendant did not bring about a serious result of murder by voluntarily stopping the instant crime (the original trial attempted to suspend or reduce the instant crime under Article 26 of the Criminal Act).

However, the Defendant continued to dispute with the victim for reasons such as the victim's influence. At the time of committing the instant crime, the Defendant tried to kill the victim several times with the victim with his influence and with his influence (30cm in total length, 18cm in length) and with his influence (30cm in total length, 18cm in length).

Furthermore, even though the defendant voluntarily suspended the crime and attempted murder, there was a serious result that the victim could not make a lifelong speech in the future due to damage to the sexual ties and the ability of the victim.

(No. 67 of the Investigation Records). Nevertheless, the defendant has made a statement to the effect that he makes a confession of his crime.