The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (alongly unfair assertion) states that the defendant committed the instant crime against his own child or intellectual disabled person who is unable to resist any resistance, and that the disease suffered by the defendant is not an incurable disease but a disease leading to a threat to the life of the defendant, and thus, it is difficult to deem that the defendant committed the instant crime by deeming that he killed the victim by extremely cruel means, and thus, it is difficult to deem that the defendant committed the instant crime. Even if he is his own child, he or she should not be allowed to take the life for any reason. In light of the above, the punishment (three years of imprisonment and five years of suspended execution) imposed by the court below is too unreasonable.

2. 판단 이 사건 범행은 피고인이 맏아들이자 지적장애 1급의 장애인인 피해자가 잠이 든 사이에 피해자를 망치로 내리쳐 살해한 것으로 그 범행수법이 잔인하고, 그 무엇과도 바꿀 수 없는 한 사람의 고귀한 생명을 앗아갔다는 점에서 결과가 매우 중하므로, 피고인에 대하여 그에 상응하는 죄책을 물을 필요가 있다.

However, under the circumstances where the social support system for persons with developmental disabilities is insufficient, the defendant, alone due to intellectual disorder, has been able to live alone for a long time from the house to the long time, and as many kinds of brush diseases have deteriorated, the defendant's old age alone, such as brush, brain color, and water surface disorders, so it seems that the wife and the second brue would seriously lead to the defendant's life because the remaining brue of the brue and the second brue would lead the victim to a difficult life. On the other hand, immediately after the crime, the defendant was discovered and sent to the hospital, but the defendant was also able to die, but the defendant's life was destroyed by being transmitted to the hospital. After the crime of this case, the defendant recognized the crime of this case, and showing the form of bruting the victim by the reduction of the responsibility for the crime against the victim.