A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant is a victim C(M, 84 years of age), who is a disabled person of Grade II with a mental disorder.

In a state where the defendant lacks the ability to discern things or make decisions due to early childhood, the defendant, at around 12:50 on October 14, 2016, 1301 and 1019, suffered injury to the victim's head and face side of the victim who was sitting in the room on the ground that the victim saws the victim who works for a computer game without drinking himself/herself, and saw the victim's door and face by drinking and spreading on several occasions on the room.

On October 20, 2016, the victim died from brain training math, etc. at the Korea National University Hospital within the limit of 123 members of the Gu in Ansan-si, Gyeonggi-si on October 20, 2016.

Accordingly, the defendant injured a lineal ascendant victim and caused the death of the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Investigation report (report on results of field identification and attachment of results of genetic analysis and appraisal);

1. Application of Acts and subordinate statutes governing death certificate and family relation certificate;

1. Article 259 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Articles 259 (2) and (1) of the Criminal Act that choose a penalty (elective imprisonment with labor);

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Aggravation of the recommended punishment according to the sentencing guidelines: Scope of [the type of determination] violent crimes, general injury, and Type 3 (where the result of death occurs) (the scope of recommended punishment] imprisonment with prison labor for three to five years (the basic area) [the person subject to special sentencing]: The victim who continues to exist, is not subject to punishment;

3. The crime of this case, which was sentenced, is committed by the Defendant’s mother-child relationship, when the Defendant took place with his mother-child relationship.