The prosecutor's appeal is dismissed.

1. The sentencing of the court below is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not good and that the Defendant did not agree with the victim up to the trial of the party, strict punishment against the Defendant is necessary.

However, the fact that the defendant's mistake is divided into his old age, the defendant has no same criminal record, the crime of this case is committed with the attempted crime, the defendant is also sentenced to the suspension of the execution of imprisonment with prison labor and the order to attend the course together with the order to attend the course, compared with the first trial, there is no change in the conditions of sentencing and the sentencing of the first trial exceeds the reasonable scope of discretion.

In addition, considering the conditions of sentencing specified in the instant pleadings, such as the Defendant’s character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.