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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. The sentence of imprisonment with prison labor for the first instance (two years of imprisonment and medical treatment and custody) shall be too unreasonable;
2. Determination:
A. The crime of this case on the part of the defendant case was committed by the elderly victim, who is the defendant and the person under medical treatment and custody (hereinafter referred to as the "defendant") living together, with the knowledge that the elderly victim was able to be hospitalized in the mental hospital, and knife the knife on the new wall, and knife the victim's knife knife knife knife knife knife knife knife knife knife knifes
However, on the other hand, the defendant was released from a mental hospital due to a mental division for 17 days from October 24, 2012, and was released from the hospital due to a mental illness for 17 days, the defendant refused to be hospitalized at his/her guardian's request on June 4, 2013 without improvement of the symptoms such as damage, abnormal behavior, etc., and committed the instant crime in a state of mental disorder, such as the error of actual judgment, such as displaying the knife to his/her family at the end of September 2013, and extreme emotional instability, etc., and committed the instant crime in a state of mental disorder, the defendant is the primary offender, the instant crime was committed in the attempted crime, and the victim did not want the punishment of the defendant.
In full view of these various sentencing conditions, the first instance court selects the death penalty, life imprisonment, or imprisonment with prison labor for not less than seven years, which is the statutory penalty for attempted murder, and the scope of punishment according to the sentencing guidelines, within the scope of statutory mitigation and discretionary mitigation, and the scope of punishment according to the sentencing guidelines, ① the sentencing guidelines for murder crime falls under the “a mitigation area (special mitigation area: the victim who continues to exist: the victim, the person under special mitigation: the person under special mitigation: the person under special mitigation: the person under special mitigation)” and the scope of punishment is 7 to 12 years, and ② the lower limit of the above sentence is 1/3 as a murder crime, and if the upper limit is reduced to 2/3, the scope of punishment is 2 to 4 to 8 years.
(1).