A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence imposed by the court below [10 years of imprisonment, 80 hours of sexual assault treatment program, 10 years of disclosure notification order, 10 years of forfeiture (No. 1)] is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime was committed, which were acknowledged by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant was aware that he had drinking at the time of the instant crime, but does not seem to have completely lost or weak ability to discern things or make decisions.

Therefore, the defendant's ground of appeal on this part is without merit.

B. It appears that the Defendant appears to have committed the instant crime in a somewhat contingent manner under the influence of drinking, including the fact that the Defendant’s judgment on the assertion of unfair sentencing seems to have reached an attempted rape, the fact that the rape was committed in the course of attempted rape, and the degree of injury suffered by the victim was not excessive, are favorable to the Defendant

However, the crime of this case was committed by the defendant who was sentenced to imprisonment with prison labor for the crime of robbery, injury by robbery, and violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and was released from prison, and thus, did not know about the fact that the crime of this case was committed, in light of the circumstances and methods of the crime, and the age of the victim. The victim appears to have suffered considerable sexual humiliation and physical and mental pain, and it appears that the victim did not fully endeavor to recover damage. Nevertheless, the defendant was not aware of the fact that he was released from prison after being sentenced to imprisonment with prison labor for the crime of robbery, injury by robbery, and violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.).