A mentally ill-minded defendant was in a state of mental disability due to mental illness or exploitation at the time of committing the instant crime.

The sentence of imprisonment (three years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

Judgment

According to the records of the determination on the claim of mental or physical disability, it cannot be deemed that the defendant was in a state of mental or physical disability, in light of various circumstances indicated in the records, such as the following: although the defendant was aware that he/she had drinking alcohol at the time of committing the crime, and that he/she had taken the medication due to the fact that he/she had drinking alcohol, and the proof of alcohol, he/she was found to have been in a state of mental or physical disability, the defendant's behavior before and after committing the crime, and that he/she had been in an excessive drinking in a state of mental or physical disorder, but it is difficult to deem that he/she has reached a state of mental or physical disability.

The defendant's argument of mental disability is not accepted.

Although the victim does not want the punishment of the defendant, the method of criminal punishment is very harsh, such as the defendant committed serious injury when drinking the victim living together, the part part of the victim's body was in violation of the knife, or attempted rape up to the victim's clothes in knife, etc.; ten times of violence has been committed against the defendant; and other various sentencing conditions stated in the records, such as age, character and conduct, environment, motive, means and consequence of the crime, etc., are examined in light of various sentencing conditions stated in the records, such as age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.