The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. Improper sentencing (the defendant and the prosecutor) sentenced by the court below to the defendant is too heavy (the three-year imprisonment with prison labor) or is too heavy (the defendant and the prosecutor).

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, although the defendant could drink at the time of each of the crimes in this case, in light of various circumstances, such as the situation at the time of the crime, the background leading to the crime, the method of the crime, and the defendant's behavior before and after the crime in this case, it cannot be determined that the defendant was under the influence of alcohol that the defendant lacks the ability to discern things or make decisions. Thus, this part of the defendant's assertion is without merit.

B. While the Defendant suspected of the change of the victim C living together, the Defendant tried to threaten the victim C with a knife and to kill the victim D with a knife, who thought that the victim D was a new knife. The crime itself is very serious in that the victim D could not have knife if the victim D did not properly defend.

In particular, the defendant prepared to commit the crime in advance, and had access to the victims to commit the crime.

B. In full view of the fact that the Defendant was sentenced to a 12-year imprisonment with prison labor for robbery and was sentenced to a 12-year imprisonment with prison labor for robbery, and was sentenced to a 3-time fine after release, it is inevitable to punish the Defendant.

However, when the defendant was in the first instance, the victims did not want the punishment against the defendant, and the crime of murder against the victim D was committed with the attempted crimes.