The judgment of the court below is reversed.

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

one tree seized (No. 1).

1. The summary of the grounds for appeal explicitly withdrawn the allegation of acquittal on the first trial date at the appeal court for the transmission of this case.

A. The Defendant who has lost his mind and body at the time of committing the instant crime is exempted from punishment on the grounds that he was physically and mentally deprived of mental illness, such as intellectual disability and shock disorder, etc.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

In the appellate court prior to this transmission (Seoul District Court 2016No. 66), the prosecutor applied the law to change the name of the defendant to "special continued injury" as "a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" and "Article 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (2) of the Criminal Act" as "Article 258-2 (1) and Article 257 (2) of the Criminal Act and the above court permitted the above court to change the name of the defendant to "Article 258-2 (1) and Article 257 (2) of the Criminal Act". After the death of the victim, the prosecutor again inserted the name of the defendant from "special continued injury," and Article 258-2 (1), 25 (2) of the Criminal Act to "the date of continuing injury," and Article 258-2 (2) 2, 257 of the Criminal Act to "Article 9 (2) of the Criminal Act."

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim when he was the victim, and caused the victim to suffer bodily injury due to an open wound, which requires approximately 8 weeks of treatment (the last 3 acts in the charges). The Defendant inflicted bodily injury on the victim with an open wound, which requires approximately 8 weeks of treatment.

As a result, the Defendant caused the death of a victim who was under medical treatment in a P care hospital located in the Changwon-si, Changwon-si (O) around 11:20 on February 6, 2016.