A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The Defendant is a mentally handicapped person with a physical disability, who was treated with symptoms such as the degradation of intelligence index due to delay in severe mental development from around 1995 to the present, lack of social adaptation ability, and inappropriate and dynamic remarks and actions.

In a state where the Defendant lacks the ability to discern things or make decisions due to the foregoing medical force, etc., on February 22, 2017, around 13:19, the Defendant told the victim E (51) who was the patient at the above toilet, the patient at the above toilet, the patient at the victim E (51) of the victim, in front of the three-story toilets of the D Hospital located in Yangsan-si, Yangsan-si, the Defendant told the victim E (51) to “strust” without any reason. Sixth, the victim sawd the smuggling from the toilet, brud, and caused the victim to go beyond the back by keeping the victim’s upper part of the body.

As a result, the Defendant inflicted bodily injury on the victim with no open two wounds in the number of days of treatment days, such as blood transfusion, etc., and caused danger to life by causing the victim to fall into brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to medical certificates, certificates of release on admission and discharge, certificates of medical records, and reports on psychological evaluation in the course of making a registration of CCTV-fashion photographs and each in-patient;

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The main point of the argument is that the injured party's act or defense of a political party is that the injured party's act was committed in excess of the injured party's hand to defend him when the injured party was boomed with an smuggling and attacked by the defendant.

2. Determination

(a)an ordinary attack between persons engaged in the same fighting;