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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (three years of imprisonment, four years of suspended execution) is too unfluent and unreasonable;
2. The crime of this case is that the defendant tried to kill the victim's left chest with the kitchen knife, but failed to achieve that intent.
The method of crime is very dangerous, and the victim suffered a serious injury in need of four weeks of treatment, so it is very important to result.
These circumstances are disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized his criminal act and divided the wrong facts, agreed with the victim, the defendant has long been not guilty in addition to paying the fine four times due to the violation of the Establishment of Homeland Reserve Forces Act, and the defendant seems to have committed the crime of this case contingently, and there are some circumstances to consider it, and the mother and the branch of the defendant want to have the defendant's prior wife, etc. are favorable to the defendant.
In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court within the scope of the recommended sentencing guidelines is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.