The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s punishment (five years of imprisonment, 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination:

A. According to the record of the instant case’s assertion of mental disorder, even though the Defendant was deemed to have a drunken state at the time of the instant crime, in view of the background of the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state that he did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, the defendant's mental and physical disability argument is without merit.

B. The Defendant’s confessions all of the instant crimes and reflects his mistake in depth prior to the instant crimes, and there was no record of punishment for sexual crimes prior to the instant crimes, and the fact that the crime of rape was committed against the attempted rape constitutes a favorable circumstance for the Defendant.

However, the crime of this case is limited to attempted rape while the defendant detained the victim, and in light of the circumstance of the crime, method of crime, degree of injury to the victim, etc., the crime of this case is not very good in light of the crime, the nature and circumstances of the crime, the fact that the victim seems to have suffered serious mental and physical pain due to the crime of this case, and no effort has been made to recover from damage to the judgment of the court, etc., it is inevitable to punish the defendant.

In addition, in full view of the following conditions, such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee.