A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal Power] On May 26, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special injury, etc. at the Seosan Branch of the Daejeon District Court on September 2, 2016, and the said judgment became final and conclusive on September 2, 2016, and completed the execution of the sentence on February 25, 2018.

【Criminal Facts】

The defendants are children of victims B (the age of 59).

The Defendant, at around 21:00 on November 18, 2019, at the residence located in Chungcheongnam-gun C and D, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant: (a) listened to the horses of the victim that “Sarido, Iari-do,” while watching television in the room used by the victim; (b) talked with the victim as “the victim would not die; (c) knick-gun, knife, knife: approximately 30cm in length, knife: 19cm in length, knife: knife: 19cm in length) and knife the victim’s knife, and knife the victim’s knife, and then died of the Defendant’s knife by taking the victim’s knife from the victim.”

Accordingly, the defendant carried dangerous things and threatened the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Letters, details, list of seizure, tools and photographs of the crime, and the place and photograph of the crime;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect's same power and repeated crimes), criminal records, and replys to criminal records, etc.;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284, 283 (2) and (1) of the Criminal Act which choose a penalty;

1. The Defendant and the defense counsel under the proviso of Article 35 and Article 42 of the Criminal Act claiming that repeated crime is a crime under a state of mental or physical disability. However, the mere fact that the Defendant grow up in a friendly family environment, or that the Defendant hears the desire for returning to himself is difficult to deem that the Defendant was in a state of mental or physical disability at the time of committing the instant crime.