A. Although the defendant alleged a mistake of facts has sexual intercourse while exercising a somewhat perfect force against the victim's will, there is no assaulting the head, shoulder, etc. of a beer disease.

B. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to excessive noise.

C. The sentence imposed by the lower court on the Defendant (five years of imprisonment, forty hours of order to complete a program, and ten years of order to disclose or notify, respectively) is unreasonable.

2. Determination

A. The court below also asserted the same purport as the grounds for appeal, and the court below rejected the above argument in detail under the title "a judgment on the defendant's and his defense counsel's assertion" in the written judgment. In comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law affecting the conclusion of the judgment by misunderstanding facts, and thus, it is difficult to accept the above argument.

B. According to the records of this case’s determination as to the claim of mental disability, even though the Defendant was aware of the fact of drinking alcohol at the time of the crime of this case, the Defendant stated that he returned to the victim after having left the drinking house, which was the scene after the crime of rape, and that he returned to the victim with an unfortunate mind (on the face of 40 pages), and the Defendant stated in the police on the day of the crime that “at the time of the crime, he was under the influence of alcohol, but did not lose the nature, and rather, the victim was under the influence of alcohol” (on the face of 25 pages of the investigation record) and the Defendant’s behavior before and after the crime of this case, it does not seem that the Defendant had weak the ability to discern things

Therefore, this part of the defendant's argument can be accepted.