All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles, the Defendant committed a crime with a knife with the victim’s clothes to murder the victim, but began to commit the crime. However, the Defendant’s act constitutes an attempted crime to stop, since he had replaced his mind before reaching the knife.

Nevertheless, the court below held that the defendant's act does not constitute an attempted suspension.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the establishment of attempted suspension or by misunderstanding facts, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment, one year of confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. Determination 1 on the Defendant’s assertion of misunderstanding of the facts and legal principles 1) In a case where the commission of a crime was commenced and the commission of a crime was suspended at his own free will before the completion of the crime, it constitutes an attempted suspension if the suspension was not due to the circumstance that would hinder the completion of a crime under the general social norms (see, e.g., Supreme Court Decision 201Do10539, Nov. 10, 201). Meanwhile, even though the Defendant’s act was likely to die due to the Defendant’s act, the victim’s failure to reach the result of death was a suspension of the Defendant’s act commenced on his own, or made a serious effort to prevent the occurrence of the consequence of the act, rather than due to the circumstance that was conducted without the involvement of the Defendant immediately after the crime, it does not constitute an attempted suspension (see Supreme Court Decision 2005Do5137, Sept. 29, 2005). 205).