A. The Defendant of mistake of facts does not have any fact of taking money from the victim, and only took the wall so as to force the sexual intercourse, and spreads the money on the part of the victim, and since the victim did not recover it and only obtained it, it is established only for the crime of embezzlement of stolen objects.

B. The Defendant committed the instant crime with mental disorder is under the influence of alcohol and is in a state of mental disorder or mental disability.

C. The lower court’s sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its

Examining the reasoning of the lower court in comparison with records, the lower court’s fact-finding and judgment are justifiable.

This part of the defendant's assertion is without merit.

B. According to the record as to the assertion of mental disorder, even though the Defendant was aware of drinking alcohol at the time of committing the instant crime, considering various circumstances acknowledged by the evidence examined by the lower court, such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions due to drinking, and thus, the Defendant’s mental and physical disorder assertion is without merit.

C. As to the assertion on unfair sentencing, the instant crime is a case in which the Defendant forcibly took advantage of the victim’s money and valuables while rape and the statutory penalty is imprisonment with prison labor for life or for not less than ten years, the sentence determined by the court below appears to be the lowest sentence of the Defendant’s applicable sentences under the law, and all other conditions of sentencing against the Defendant, the sentencing of the court below cannot be deemed unfair.

This part of the defendant's assertion is justified.