2. The instant crime is determined by the following: (a) the kitchen knife prepared in advance by the Defendant attempted to kill the victim once, but the victim was attempted to do so; (b) the method of committing the instant crime is very planned and dangerous.

These circumstances are disadvantageous to the defendant.

On the other hand, there is a relatively minor attitude of the victim due to the crime of this case, the defendant agreed with the victim, and the defendant has been punished several times due to the crime of larceny until 1989. However, on September 10, 2008, the Daegu District Court sentenced two years of suspended execution to 8 months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury on Dangerous Driving) in the Daegu District Court's Kimcheon Support on September 10, 2008, and around that time, the court has no record of criminal punishment except that sentenced to a fine on two occasions due to the violation of the Automobile Accident Compensation Act by the same court as the violation of the Act on the Aggravated Punishment, etc. of Automobile Accident Compensation, the fact that the defendant is aged, and the neighbors

In addition to this point, considering the various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.