A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

As a father of the victim C(79 years of age), the defendant is suffering from the fluoral fluoral disease ( mental disorder Grade 2), and has taken the bath and urine from the ordinary victim.

피고인은 2016. 8. 8. 04:00경 삼척시 D 피해자와 함께 거주하는 집에서 텔레비전의 코드를 뽑아 피해자로부터 ‘텔레비전 선을 왜 다 뽑아 놨느냐’는 잔소리를 듣자, 미분화조현병으로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서 갑자기 화가 치밀어 올라 피해자를 죽이려고 마음먹고 부엌 싱크대에 있는 식칼(총 길이 26.5cm, 칼날 15.5cm)을 꺼내어 오른손에 들고 피해자의 뒤에 서서 그의 왼쪽 가슴 부위를 찌르려고 하였으나 빗나가 왼쪽 겨드랑이 부위를 찌르게 되었다.

As a result, the Defendant attempted to kill the victim who is a lineal ascendant, but did not achieve that intention, and did not commit an attempted crime by adding only the injury of the chest and other part of the open upper part (20 cm in length) for about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Diagnosis statement and investigation report (verification of the length of the victim's upper part);

1. A gene appraisal report;

1. Photographsics, murdering, and on-site photographs at the time of leaving the scene;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

1. Article 254 of the Criminal Act and Articles 254 and 250 (2) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with labor for a period from September to June;

2. Application of the sentencing criteria [Scope of Recommendation] Class 2 (General Murder) and sentencing criteria for mitigated areas (two to eight years).