A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

Defendant

In addition, the applicant for medical treatment and custody (hereinafter referred to as the "defendant") is a person at the third level of a mental retardation, who is currently receiving medical treatment for early illness, and is a victim B (ma, 72 years of age).

At around 10:00 on April 6, 2019, the Defendant used a transition (20cm in total length, 9cm in knife length) that was placed in the kitchen kitchen, which was located in the kitchen kitchen, on his hand, on the ground that the Defendant said that the Defendant was in the dwelling of the Defendant in Asan City, under the lack of the ability to discern things or make decisions, and that he said that he was “(mental)” and that he said that he was “the victim was “(ps)”, thereby making it difficult for the Defendant to know the number of days of treatment to the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement concerning B;

1. Records of seizure and the list of seizure;

1. Each investigation report (verification of attachment of a copy of a suspect's diagnosis, emergency hospitalization of a suspect, hospitalization period of a suspect, etc.);

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Articles 258-2 (1) and 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of a crime subject to imprisonment without prison labor or a heavier punishment (the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act) under Article 44-2(1) and (2) and Article 2-3 subparag. 1 of the Act on Probation, Medical Treatment and Custody, etc. and Custody, and Article 10(2) of the Criminal Act (the defendant is deemed to be in danger of recidivism as a requirement for a medical treatment order and its necessity to receive medical treatment for the defendant in light of the status of the defendant as

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes; and the injury by special injury, repeated crime (the type 1) shall be special injury.