The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The lower court’s imprisonment with prison labor (four years of imprisonment) against the accused as to the summary of the grounds for appeal is too unreasonable.

2. The instant crime is a condition for sentencing unfavorable to the Defendant, such as: (a) the Defendant did not challenge the victim; (b) brought a knick, which is a deadly weapon on one’s own vehicle; and (c) made it clear from the back of the victim, who was in serious mind, to the extent that the circumstances and method of the crime are very poor; (d) the victim was injured by the five-day ex post facto death, which requires six-day medical treatment due to the instant crime; and (e) the Defendant was punished by a fine for an injury in 2015.

However, the crime of this case is committed in the attempted attempt, the defendant's drinking with the victim, and as the result, it seems that the victim did not refrain from appraisal and reached the crime of this case contingently, and the defendant appeared to have reached an attitude of recognizing and opposing his criminal act in the trial. In addition, the defendant has reached an attitude of recognizing and opposing his criminal act in the trial. In addition, the defendant agreed with the victim that the victim wanting to take the front line, and that the defendant's health condition is not good, etc., are favorable to the defendant.

In addition, considering the defendant's age and character, relationship with the victim, motive, means and consequence of the crime, conditions of all the sentencing specified in the arguments in the instant case, such as circumstances after the crime, and the scope of recommended sentences based on sentencing guidelines (the mitigated area of attempted murder: imprisonment with prison labor for not less than 2 years and not more than 4 months but not more than 8 years, special mitigation factors: dolusent murder intention, not to punish, and special aggravation factors: serious injury): the sentence of the court below against the defendant is too unreasonable. Thus, the defendant's assertion of unfair sentencing is reasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.