A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, the fact that the defendant was under the influence of alcohol at the time of the crime of this case is recognized.

However, in light of various circumstances, such as the fact that the victim escaped while she was trying to report the victim’s door while committing the crime, that the investigative agency memorys his/her own crime and stated relatively in detail, and the background of the instant crime and the Defendant’s attitude before and after the instant crime, it does not seem that the Defendant had the ability to discern things or make decisions under the influence of alcohol.

In addition, according to Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if a sexual crime is committed in the state of mental disorder caused by drinking, the court may not apply Article 10 of the Criminal Act on

Therefore, the defendant's above assertion is not accepted.

B. As to the assertion of unfair sentencing, the Defendant led to the confession of the instant crime and reflects the mistake, and received a letter of intent by mutual consent with the victim at the original trial.

The defendant is the most responsible for supporting his wife in a de facto marital relationship and his father and wife.

However, the crime of this case is an attempted rape of a victim who had worked in the same workplace, and the crime of this case is serious in light of the content of the crime, etc.

On November 13, 2014, the defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act by the Daegu District Court, which was sentenced to a suspended sentence of two years, and committed a crime without being aware of the fact during the suspended sentence. The defendant was arrested after committing a crime and was arrested.

In this respect, the sentence of the defendant is sentenced.