All appeals by the defendant and the prosecutor are dismissed.

1. As to the summary of the reasons for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant's punishment (two years and six months of imprisonment with prison labor) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. The Defendant made a confession to commit the instant crime and is in profoundly against himself.

As the defendant agreed with the victim, the injured person does not want the punishment of the defendant.

Such circumstances are the circumstances that would be favorable to the defendant.

On the other hand, the crime of this case is attempted to murder with a deadly weapon possessed by the victim who was well aware of it by the defendant.

At the time of committing the instant crime, the injured person escaped while resisting at the time of committing the instant crime, and the emergency treatment for the injured person was well taken place, and thus, did not lose the hidden nature of the victim, but it is not good that the victim suffered an injury that requires medical treatment for 42 days.

Since human life has absolute and dignity that anyone can not dispose of without permission and infringement of it, it is necessary to punish the defendant accordingly.

Such circumstances are disadvantageous to the defendant.

In full view of all the conditions of sentencing as seen above, including the Defendant’s age, family relation, criminal record, sexual intercourse, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the lower court cannot be deemed to have exceeded the lower limit of the recommended punishment according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court, and thus, deemed unfair because the Defendant’s punishment is excessively heavy or excessively harsh.

All the arguments of the defendant and the prosecutor are without merit.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal is groundless.