All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, after having knife the victim, laid the knife on the floor and suspended the crime, constitutes an attempted crime.

2) The punishment sentenced by the lower court (six years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the court below by the prosecutor is unhued and unreasonable.

2. Determination

A. In a case where the defendant started the commission of an attempted crime and suspended the commission of a crime at his own free will before the crime is completed, the suspension constitutes an attempted crime unless the crime is obstructed by the situation that impedes the completion of the crime in light of the general social norms (see Supreme Court Decision 99Do640, Apr. 13, 199). Meanwhile, even though the defendant's act was likely to die, it is not because the defendant's act did not reach the result of death was suspended by his own act or he was endeavored to prevent the occurrence of the result of the act, but it does not constitute an attempted crime if the defendant discontinued the act without the defendant's involvement, such as prompt treatment, etc. conducted immediately after the crime was committed (see Supreme Court Decision 2005Do5137, Sep. 29, 2005). According to the evidence duly examined by the court below, the victim was opened with the victim's intention to kill the victim, and the victim did not arrive at the scene within one minute of the victim's normal bus and one minute after the victim's arrival.