The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. In full view of the statements made by the victim B in the investigative agency and the court below, the victim’s escape from the defendant, which led to the failure to commit the crime, and the defendant’s voluntary discontinuance of the crime does not lead to the attempted crime.

The crime committed by a defendant constitutes an attempted crime of disability.

B. The sentence imposed by the lower court (three years of imprisonment, five years of suspended execution, etc.) is too uneasible and unfair.

2. Judgment on misapprehension of legal principles

A. In a case where the commission of a crime was commenced and the commission of a crime was suspended by free will before the crime was completed, if the suspension was not due to circumstances that obstruct the completion of the crime under general social norms, it constitutes an attempted suspension.

(See Supreme Court Decisions 85Do2002 delivered on November 12, 1985; 99Do640 delivered on April 13, 199, etc.). B.

Judgment

The court below acknowledged the following facts and circumstances that can be recognized by evidence duly adopted and investigated by the court below, i.e., ① the defendant consistently made a statement from the investigative agency to the court of original trial to the effect that “knife knife k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k.