The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (five years of imprisonment with prison labor for not more than three years) that the court below sentenced is too unfasible and unfair.

2. According to the evidence of the judgment, the crime of this case was found to have been committed by the defendant with 2 knife knife, which is a dangerous object, and found that he would kill the body of the construction site prior to assaulting him. The crime of this case is found to be an objective and neutral element of sentencing, such as the fact that the victim, among the parts of the construction site, tried to murder the body of the victim with one knife, and attempted to murder the body of the victim with one knife among the above knife knife, and the type and the part of attack of the deadly weapons, etc., in light of the crime, there is a heavy responsibility for the crime, even though the victim was attempted to commit the attempted crime, but the result was not easy to the extent that the victim should undergo an emergency operation by suffering from an open part of the knife that needs to be treated for about 4 weeks, and the defendant was sentenced to a fine of 3 million won due to injury even in 2007.

However, the defendant's mistake and reflects in depth. The crime of this case was committed by the defendant. G which was in internal relations with the person at the construction site and tried to dance and stop it. Rather, there were no circumstances considering the circumstances. The defendant did not have to be considered, but it seems that the defendant passed a resolution for the crime in a state of mental disorder, even though it was not judged to the level of mental disorder, it appears that the defendant passed a resolution for the crime. Although the defendant's location was an important part of the body, the number of times is that the defendant was faced with the victim, the defendant was arrested the police just once, the defendant was arrested the victim immediately after the crime was committed, the victim did not want the punishment for the defendant, the defendant did not want to do so by giving 35 million won, and the defendant was committed on three occasions in total due to the previous convictions and the Establishment of Homeland Reserve Forces, the violation of the Road Traffic Act, the violation of the Passenger Transport Service Act, and the violation of the Passenger Transport Service Act.