Residence

Reference domicile

excessive one (No. 1) seized shall be confiscated.

While the Defendant lacks the ability to discern things or make decisions by using the Cho-dong (Seoul Metropolitan Government 11:00 m3m in total length, 13mm in total length) and went out from the park, the Defendant 11m in that he was in mind at around 00 on Nov. 26, 2014 that she had the ability to distinguish things or ability to make decisions, and that she had the ability to distinguish things by using the scam (i.e., mental divided disease) and the scam (i., Q 62). From around 11m in that day, the Defendant 1m in the park of Gangdong-gu Seoul Metropolitan Government 10m in order to report the victim's 00 (n, 96 years old) who was seated at the event and scambling, and that she had the right to scam on the part of △△△△△, where she had the wind of the above son and the victim.

Accordingly, the defendant tried to kill the victim, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer about △△△△;

1. Seizure records;

1. A medical certificate, or a copy of medical records;

1. On-site photographs, photographs, images, and photographs;

1. Each investigation report (the sequence 12, 14, 18, 23, 26, 27 of the evidence list);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250(1) of the Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act [Article 10(2) and 55(1)3 of the Criminal Act provides that the Defendant committed the instant crime under the premise that the Defendant committed the instant crime in a mental state unrelated to normal persons, but according to the Defendant’s mental appraisal report, etc., it is recognized that the Defendant had been in a state of lacking the ability to discern things or make decisions due to a manic or mental disorder at the time of the instant crime, etc.

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act

1. The scope of punishment;

From 2 years to 15 years of imprisonment;

2. Scope of recommendations;

[Scope of Recommendation] Type 3 (Moscam for homicide) Aggravated Area (6 years to 20 years, 20 years to 20 years, and weapons)

* Short-Form : Murder

【Special Mitigation Doctrine (A person who has no responsibility for himself)

[Special Person] A victim who is vulnerable to a crime, a serious injury - an attempted injury

* Scope of sentence comparison between applicable sentences and recommended types: Imprisonment for 6 years to 15 years;

3. Determination of sentence;

The Defendant had no criminal power as a youth of the early 20th century, and all of the instant crimes are recognized and against the Defendant. The Defendant had been suffering from a de facto de facto illness (mental divided disease) before committing the instant crime, etc., due to a de facto de facto illness before committing the instant crime, etc., and the instant crime was committed in a state of mental disorder due to such mental division, etc., and the crime of murder itself is committed in a state of mental disorder due to such mental division, etc., which is favorable to the Defendant.

However, the crime of this case is highly dangerous in terms of the defendant's knife knife and knife with his mind that he will knife in any way without any reason, and knife knife with his knife in order to kill an elderly victim who knife in a nearby park. The victim knife knife the knife and knife the knife part of the victim knife in two times even though knife knife knife knife knife, in light of the circumstances, method, contents and result of the crime, etc. of this case, it is very dangerous in terms of that the crime can be a potential crime even if knife knife and anyone who is the valuable value of human life. Since human life is the highest value that the State or society should protect, the act of infringing the defendant's health and life needs to be seriously punished for the victim's family life and mental distress.

Jurors' verdicts and Sentencing Opinions

1. A verdict of guilt or innocence;

○ Seven persons guilty (one full-time)

2. Opinions on sentencing;

imprisonment with prison labor for 5 years (two jurors)

imprisonment with prison labor for 6 years (two jurors)

○ Seven years of imprisonment (three jurors)

Judges Initial Jin-

Judges Lee Jin-jin