2. The crime of this case was committed by the defendant with a mountain knife with the victim's knife. The risk of the crime itself is very high, and there was a serious result that may lose the victim's life. Considering that human life has an absolute nature and dignity that cannot be disposed of without permission, and that the act of infringing upon it cannot be used, the defendant's responsibility for the crime is very heavy. Therefore, the defendant's strict punishment is deemed to require severe punishment, such unfavorable circumstances as the defendant's act of this case, and the defendant's attitude against his mistake is recognized, such as the fact that the defendant was in a state of mental disability at the time of the crime of this case, the defendant was in a state of mental disability and other favorable circumstances such as the defendant's age, character and behavior, environment, the result of the crime of this case, and the circumstances after the crime of this case, etc., the court below's punishment against the defendant shall not be accepted within the proper scope of the punishment of the defendant and the prosecutor.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.