A. At the time of committing the instant crime, the Defendant was in a state of mental disability and mental disability.

B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder, it is found that the defendant committed the crime of this case while drinking alcohol, but in light of the background and method leading to the crime of this case, the horses and behavior of the defendant before and after the crime of this case, etc., it is not deemed that the defendant had the ability to discern things or make decisions due to drinking alcohol at the time of the crime of this case. Thus, the defendant'

B. There are circumstances that may be considered in light of the circumstances, such as the Defendant’s primary crime, recognition of the crime and the mistake thereof, and the victim did not want punishment against the Defendant by mutual consent with the victim.

However, the crime of this case is raped by the victim, who was locked by the defendant at his own house, and the nature of the crime is heavy in light of the content of the crime, and the victim suffered considerable physical and mental impulse and pain due to the crime of this case. Furthermore, the punishment imposed by the court below seems to have sufficiently taken into account the above favorable circumstances, including the fact that the defendant's age, character and behavior, environment, motive and circumstance of the crime, the motive and consequence of the crime, and the circumstances after the crime, etc., all of the various sentencing conditions as shown in the records, such as the crime, are considered to be adequate and unfair. Thus, the defendant's assertion of unfair sentencing is without merit.

3. Conclusion.