The prosecutor's appeal is dismissed.

A person who applies for a medical care and custody shall be punished.

1. The prosecutor appealed on the part of the case of the defendant on the ground that the court below’s sentence which sentenced three years to imprisonment with prison labor for the crime of this case is too unfilled and thus unfair.

If the defendant had knife various places such as the part of the victim's knife over 70 years of age, knife the victim would lose knife the victim's life, and the result of the damage is very serious.

Even though the defendant did not recover the victim's damage until the trial of the court, the defendant did not recover the victim's damage.

In light of these circumstances, the defendant who committed such serious crimes seems to need criminal liability more severe punishment than the original court.

However, the crime of this case seems to have been somewhat contingent because the defendant, who had damaged the ability to determine the reality as a result of the increase in damage caused by dementia, caused such mental disorder.

The Defendant made a confession to commit the instant crime.

Defendant

In addition, a senior citizen over 70 years of age has a serious defect in the hearing of symptoms, which makes it difficult to communicate with the surrounding areas.

Defendant has no record of crime subject to punishment, in addition to a fine once.

Based on these circumstances, in light of the following factors, the Defendant’s age, sexual conduct, environment, family relationship, relationship with the victim, background, means and result of the crime, circumstances after the crime, confession, damage recovery, etc., various sentencing factors as shown in the argument in the instant case, and the scope of the recommended sentencing guidelines of the Supreme Court sentencing committee, etc., the Defendant’s punishment against the Defendant is too somewhat less unreasonable.

It does not seem that it does not appear.

Therefore, the prosecutor's above argument of sentencing is not accepted.

2. The part of the medical care and custody case [the fact of the cause of the medical care and custody] of the medical care and custody applicant is in a state of weak ability or decision-making ability due to mental or physical disorder 2nd degree of hearing disability and the damage from dementia.