The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

(a) Prosecutor: The sentence of the lower court (one year of imprisonment) is too unhued and unreasonable;

B. Defendant: The sentence of the lower court is too unreasonable.

2. The instant crime is a crime that may result in infringing the life, which is the most valuable legal interest, and thus, requires strict punishment. Doctrinely, selecting the victim as a target of the instant crime, and preparing murder by means of knifeing the knife length of 22 cm is disadvantageous.

However, it is more favorable to the fact that the court recognizes the crime in the first instance and reflects the mistake in depth, that the victim is not punished by the defendant for the first time in the first instance, and that the defendant commits the crime in a contingent manner without seeing the sense of the combustibility of home, etc.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions shown in the theory of changes, the sentence of the court below is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant shall be ruled again as follows (no prosecutor shall dismiss the appeal by the order unless the appeal by the defendant is accepted, and the judgment of the court below is reversed, and the defendant's appeal shall not be dismissed separately)

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;