The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A seized knife (No. 1) shall be confiscated.

. The point that efforts were made for is favorable to the Defendant;

However, the defendant caused a serious result to the extent that he could have knife knife the part of the victim, such as the victim's chest, side gate, hand, hand, and knife the victim's knife, or lose the victim's minor life. In light of the method of committing the crime, the crime is very bad in light of the nature of the crime, and the victim caused a considerable mental and physical pain to the victim, etc., is disadvantageous to the defendant

In addition, the defendant's age, character and conduct, environment, family relationship, relationship with the victim, motive and consequence of the crime, etc. as shown in the argument of this case, various sentencing factors such as the defendant's age, character and behavior, family relation, the victim's motive and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court (2 years and April 8) [the scope of recommended sentence] of mitigation area (2 years and April 8) (2 years to be mitigated] of mitigation area (2 years and April 8) of mitigation area (2 years to be mitigated] of mitigation area (special punishment for murder): In addition, the defendant's intentional murder, and serious injury factors: The defendant's attempted crime * the minimum limit of the recommended sentence is reduced to 1/3 and the maximum limit is reduced to 2/3, and it is deemed unfair that the court below's sentence is too inappropriate.

Therefore, the defendant's argument concerning unfair sentencing is without merit, but the prosecutor's argument is with merit.

In conclusion, the defendant's appeal is without merit, but the prosecutor's appeal is with merit, so it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.