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 mentally disabled person of Grade III, and was hospitalized in a psychiatrist from October 15, 2016 to March 13, 2017 under the name of sick, such as a detailed mental fluoral disease and a non-quality fluoral disease.

On November 16, 2018, at the dwelling of the defendant in Daegu Dong-gu B and C around 17:30 on November 16, 2018, when the defendant lacks the ability or decision-making ability to discern things due to mental fission, etc., the defendant suffered from injury to the victim D (the age of 65) who is father of the victim D (the age of 9.5cm in length, the total length of 20cm) with no reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (including details of the report, etc. of the victim), each investigation report (Attachment to the medical certificate, etc. of a suspect-related hospital, response to the statement of the doctor in charge of the suspect-related hospital, accompanying details of the suspect's medical treatment, hearing the statement of the doctor in charge

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 sentence under Article 44-2 (1) and (2) and subparagraph 1 of Article 2-3 of the Act on Probation and Medical Treatment and Custody, etc. and Article 10 (2) of the Criminal Act (the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10 (2) of the Criminal Act and who has committed an offense entailing imprisonment without prison labor or heavier punishment. In full view of the purpose and details of the crime in this case, a written diagnosis of the defendant, etc., the necessity and risk of recidivism as a requirement for medical treatment

1. Scope of applicable sentences under law: Imprisonment for six months to fifteen years;