The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and four years of suspended execution) by the court below is deemed to be too uneasy and unfair.

2. Determination

A. The crime of this case committed on the part of the Defendant case is an attempted attempt to kill gasoline with the victim's body with a strong appraisal after the Defendant had a horse dispute with the victim who had a bad appraisal, and then tried to kill gasoline with the victim's body.

Considering the circumstances and contents of the crime, tools, and risks of the act, such as intending to attach gasoline prepared in advance to the victim's face after spreading it to the victim's face, etc., the crime and the crime's nature are not somewhat weak.

The defendant did not make any particular effort to recover damage to the victim.

However, the Defendant did not have any record of criminal punishment, except twice a fine (194, 2015), and recognized the mistake of the instant crime and is against it.

In fact, the number of gasoline in the victim's body was not about 300 meters, and the victim did not have any injury because the victim's body was not put up.

The victim did not state his intention to actively punish the accused by stating to the police that “I do not want to punish the accused.”

In addition, comprehensively taking account of the Defendant’s age, occupation, character and conduct, environment, family relationship, circumstances after committing the crime, and all the sentencing conditions indicated in the instant records and pleadings, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

B. According to Articles 21-8 and 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders in the part of the request for probation order, when a suspended sentence is sentenced for specific crime case, the request for probation order shall be ruled dismissed.

As seen earlier, the trial court also rendered a suspended sentence against the accused case as it is.