The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, based on the following circumstances: (a) the victim aged older (the aged 81) suffered serious injury to the end of the end of the period of 10 weeks; (b) the victim repeated surgery and hospitalized treatment; (c) resulting in death due to pulmonary function transfer, etc.; and (d) the victim’s bereaved family members did not reach an agreement with the victim.

However, considering the following facts: (a) the defendant separates his mistake and reflects the defendant; (b) deposited 12 million won for the victim; (c) the defendant was in a state of mental disorder and dementia at the time of the case; (d) the defendant seems to have been in a state of mental disorder at the time of the case due to mental retardation and dementia; and (e) the defendant has been in a state of mental disorder and dementia without criminal records so far; and (e) the defendant's mental retardation and disease have difficulties in aquatic life due to the defendant's mental retardation and disease; (b) favorable circumstances; (c) the defendant's age, character and behavior, environment; (d) the background and result of the crime of this case; and (e) the recommended sentencing range [general injury, type 1 (general injury) and mitigation range (class 2 to 1) of the sentencing guidelines established by the Supreme Court; and (e) the defendant's above assertion is recognized to be unfair because the sentence of the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;