A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a spouse under the law of the victim D (the age of 85) who lacks the ability to discern things or make decisions due to dementia.

On January 7, 2017, the Defendant stated that “I will drink Korea-do,” after eating the victim’s house located in Bupyeong-gu Incheon Metropolitan City, with dementia and aged people who have difficulty in living.”

In this regard, the victim “Isson Soon?”

In order to avoid drinking alcohol, such as "hing with the mind of mind," and to kill a victim in a timely manner without regulating appraisal in a state where the ability to restrain scam has been deteriorated due to dementia.

Accordingly, the Defendant brought the victim's head back to several times with a decline of 42 cm in total length, and assaulted the victim's chest to several times, and caused the victim to die due to damage to the victim's head, breast, and other parts of the body.

Accordingly, the Defendant murdered the victim.

The contents of the charges were appropriately revised.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A report on an investigation (or a verbal opinion as a result of autopsy), a report on an investigation (or a reply of the result of a request for an appraisal) and a written appraisal of autopsy;

1. A copy of a corpse examination, a copy of the result of autopsy, the site and the photo of the deceased, and seized articles;

1. Notification of the results of mental appraisal (A) of Acts and subordinate statutes;

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than two years and six months - 15 years;

2. The application of the sentencing criteria [the scope of the recommended punishment] No. 1 (homicide motive) prosecutor shall conduct the crime of this case in Type 2 of the sentencing criteria among the murder crimes of this case.