A. (1) Defendant (1) was under the influence of alcohol at the time of the instant crime, and was in a state of mental disorder or mental disability.

(2) The sentence of imprisonment (five years of imprisonment) imposed by the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below as to the Defendant’s mental and physical argument, it is acknowledged that the Defendant committed the instant crime while drinking alcohol. In light of various circumstances such as the background leading to the instant crime, the means and method of the instant crime, and the Defendant’s behavior before and after the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

Since the defendant's mental disorder cannot be seen as being or weak, the defendant's assertion of mental disorder is without merit.

B. There are extenuating circumstances, such as the Defendant appears to have committed the instant crime under the influence of alcohol, and the act of rape was committed on a contingent basis, and the Defendant’s deposit of KRW 2 million for the victim in the lower court, and the Defendant has the history of receiving a fine on one occasion for the obstruction of performance of official duties before, and there is no history of criminal punishment for sexual crimes.

However, the crime of this case was committed when the victim was aware that he was female while getting on a taxi driving by the victim, and the victim was forced to take cash, etc. by inducing the victim to a rare place, and rape and attempted to rape the victim. The crime of this case is highly serious in light of the circumstances of the crime and the details of the crime. The victim suffered considerable physical and mental shock and pain, such as receiving multiple mental health department and treatment.