The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

The judgment below

(2).

The summary of the grounds for appeal on the part of the defendant's case (e.g., imprisonment with prison labor) by the court below is too uneasible and unfair.

Judgment

The instant crime is a case in which the Defendant and the candidate for medical treatment and custody (hereinafter referred to as the “Defendant”) who had both mental delay and alcohol addiction were found to be the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “defendants”) were tightly ill and hidden.

The Defendant, as a person with intellectual disability 3, has committed the instant crime in a state of mental disability due to mental retardation and alcohol addiction, impulse control disorder, etc. of the middle school, etc.

Defendant appears to have committed the instant crime contingently, and there is no record of criminal punishment prior to the instant crime.

The above circumstances are favorable to the defendant.

However, the defendant has the following disadvantageous circumstances.

① At the time of the instant case, the victim was a woman of age 89, with 141 cm in height and 39 cm in weight.

The defendant, who has a mental delay in the middle school, seems to have known that the victim is vulnerable to the exercise of physical power.

② The victim was killed due to damage to the dystrophism, such as double dystroke, fryke, spine pelke, dystrophism, etc.

According to the evidence such as the autopsy report and the photo on the scene of the crime against the victim, the defendant seems to have committed serious assault against the victim beyond the ordinary level.

(3) In light of the degree, method, motive, etc. of the defendant's injury inflicted on the victim, it may be recognized that the defendant had a conclusive intention to injure the victim, even in consideration of mental disorder of the defendant.

④ Above all, the Defendant, as a result, took the life of the mother who is only a single minute, and said, she never took the life of the mother.

Considering the intellectual disability of the defendant, the possibility of criticism is very high.

⑤ According to the result of the Defendant’s mental assessment, the Defendant is mentally and alcohol.