The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

A seized white strings.

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for not less than six years, confiscation) imposed by the lower court is unreasonable compared to the extent of the responsibility of the Defendant and the medical care and custody claimant (hereinafter “Defendant”).

2. Determination

A. As to the part of the case of the defendant, the crime of this case was committed by strokeing a stroke of a stroke of the age that does not have the ability to resist, and considering the nature of the crime and the consequence of the crime in light of the method and consequence of the crime, etc., the defendant should be sentenced to strict punishment if considering the fact that the crime of this case was committed under the state of mental and physical weakness caused by mental illness, the defendant committed the crime of this case under the state of mental and physical weakness, the defendant's mistake is divided, and the defendant did not have the ability

It is difficult to evaluate.

However, the fact that there was an agreement between the father and the father of the victim in the trial and that the above surviving family members who want to be punished by the defendant in the court below wanted to have a preference against the defendant in this court should be considered additionally in light of the circumstances favorable to the defendant. This constitutes a significant change in the sentencing condition that can correct the judgment of the court below. Thus, the judgment of the court below was difficult to maintain it as it is.

We accept the defendant's unfair argument in sentencing.

B. As long as the Defendant filed an appeal on the part of the medical care and custody claim case, it is deemed that the Defendant filed an appeal on the medical care and custody claim pursuant to Article 14(2) of the Medical Care and Custody Act (hereinafter “Medical Care and Custody Act”). However, there is no submission of the grounds for appeal on the medical care and custody claim, and there is no ground for reversal ex officio.

3. According to the conclusion, the part of the judgment below regarding the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, as the appeal against the defendant's part on the defendant's case is well-grounded, and it is decided as follows through a new legal theory.