The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (three years of imprisonment, four years of probation, four years of probation, observation of protection, and 120 hours of community service) is too uneased.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant, while drinking alcohol together with the victim, was cut by a scam scam scam scam which was on the table scam and scamb, and the part of the victim's scam scam in an attempted attempt to murder with knife once, driving a cargo under the influence of alcohol, the nature of the crime and the method of the crime are very poor, the life of the person cannot be altered, and thus, the crime of infringing was committed even though the defendant attempted to commit an attempted crime.

Even if there is a need to strictly punish the defendant, the fact that the defendant has been under criminal punishment several times due to a violation of the Punishment of Violences, etc. Act, an injury, and an injury caused by fire such as existing buildings, etc. is disadvantageous to the defendant.

Meanwhile, all of the crimes of this case are recognized by the Defendant, and the Defendant is against his mistake; the Defendant paid KRW 20,000,000 to recover damage and agreed with the victim that the injured party did not want to punish the Defendant; the Defendant appears to have committed the crime of attempted murder of this case, which is likely to have been committed contingently, by obtaining back water from the injured party while disputing the victim at the drinking place; and the Defendant has assisted the Defendant to take relief measures, such as blooding the victim after committing the crime of attempted murder of this case.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 2년 6월 ~ 18년 ◈ 양형기준의 적용 살인 미수죄 ...