The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment, five years of suspended execution, etc.) is too unhued and unfair.

Judgment

The crime of this case was committed by the victim who was in conflict with his family due to ordinary drinking and tried to kill the victim several times, such as the victim, on the ground that the victim was dnife and tried to do so on the ground that the victim was dnife a little of alcohol from the victim who was a small child, and the victim was tried to do so, but the victim resisted and attempted to do so, but the victim knife the victim's resistance and attempted to do so. In light of the circumstances and methods of the crime, the crime of this case is very heavy, and the crime of this case seems to have suffered considerable mental and physical pain, and the victim's life is the highest legal interest and the most dignity value that the State and society should protect, and even if the crime was committed, the act of infringing on the victim's life is not justified for any reason.

Even if there is a need for strict punishment, it is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and divided his mistake in depth, the defendant tried to assault the victim while drinking alcohol in excess of his drinking volume, and the defendant tried to commit the crime of this case by force, but it appears to have committed the crime of this case in a contingent manner. The crime of this case is about attempted attempted, there is no criminal record exceeding the fine of the defendant, the victim does not want the punishment of the defendant, the victim and the victim's punishment of the defendant do not want to be punished, the victim and the victim's punishment of the defendant want to go together with the drinking problem of the defendant, and the defendant complained of their preference against the defendant.

In addition, the above circumstances and the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, and the means and method of committing the crime.