A. Even though the Defendant was under the influence of alcohol at the time of committing the instant crime, he did not have the ability to properly separate things or make a decision, the lower court erred by excessive judgment.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is not deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime in this case, but, in light of the circumstance and method of the crime, the defendant's behavior before and after the crime in this case, and the victim DNA who prevented the defendant from committing the crime in this case, and the defendant memorys his criminal process, etc., it cannot be deemed that the defendant had the weak ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing does not have any favorable circumstances for the Defendant, such as the fact that he/she was at the time of committing the crime and divided his/her mistake, that rape was committed in an attempted crime, and that he/she did not have any history of sex offense and agreed with the victim D

However, the crime of this case is committed by the defendant who intrudes into the victim D's house and tried to rape the victim, and committed a scambling around the victim's face, etc. in the process of the crime, and the nature of the crime is serious. Although the defendant was sentenced to a suspended sentence on April 28, 201 due to a traffic accident that occurred while driving a vehicle while under the influence of alcohol on April 28, 201, the crime of this case again constitutes an act of drinking again during the suspended sentence and committing the crime of this case. The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) is punished by imprisonment with prison labor for life or for not less than 10 years, and the court below’s sentence selects the limited term under the above statutory punishment and mitigated mitigation.