Each judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. The punishment of the lower court against the Defendant (the first instance judgment: imprisonment with prison labor for three years and six months, and the second instance judgment: imprisonment with prison labor for two years) is too unreasonable.

B. Each sentence of the lower court against the Defendant by the prosecutor (the first instance judgment: imprisonment with prison labor for three years and six months, and the second instance judgment: imprisonment with prison labor for two years) is too unhued and unreasonable.

2. The Defendant and the prosecutor appealed against each judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals cases.

However, since the crime of each decision of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act (the point of attempted murder and the choice of limited imprisonment) concerning the crime, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on the person carrying a deadly weapon);

1. Article 25(2) and Article 55(1)3 of the Criminal Act for mitigation of attempted crimes (as to attempted suicide),

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. against Heavy L with Punishment for Concurrent Crimes]

1. Discretionary mitigation Criminal Act;