A. There is no memory that the Defendant attempted to rape the victim, and there is no fact that the Defendant did not rhyd the victim’s body, such as the victim’s chest, or exceeded his clothes at the time of the crime, nor made a speech related to rape.

Therefore, the defendant did not have any intention to commit rape.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination:

A. The Defendant’s assertion of mistake of facts is not only based on the facts charged in this case at the lower court, but also on the following circumstances recognized by the lower court by comprehensively taking account of the evidence duly adopted and examined by the lower court, namely, ① the Defendant used the victim’s back-of-delivery to the victim’s back-of-delivery forest, thereby going up on the victim’s body, ② the Defendant was able to suppress the victim’s resistance without any direct use of violence until hearing the victim’s undefluence and leading the surrounding people, ③ although the place of the crime in this case was adjacent to India, the Defendant was in a state of exploitation to the extent of mental and physical disability (04:45). ④ In full view of the following circumstances, the Defendant clearly stated that the Defendant intended to rape himself/herself, and the Defendant’s assertion that the Defendant had no intention to commit assault or injure, as well as the Defendant’s intent to commit rape, was without merit.

B. According to the records of the judgment on the assertion of mental disorder, it is recognized that the defendant was in a state of mental disorder due to the detention at the time of the crime, but it does not seem that the defendant was in a state of mental disorder. Therefore, the above assertion by the defendant is

C. The Defendant deposits KRW 3 million in the victim’s future when the Defendant made a judgment on the assertion of unfair sentencing.