Text
The defendant's appeal is dismissed.
Reasons
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 sentencing of the lower court is too unreasonable.
2. Determination
A. According to the record on the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of the crime of this case, in light of the circumstances revealed in the argument of this case, such as the background of the crime of this case and the behavior of the defendant before and after the crime of this case, the defendant was in a state that he had no or weak ability to discern things due to drinking,
Therefore, this part of the defendant's assertion is without merit.
B. It is recognized that the Defendant’s mistake in determining the unfair argument of sentencing is divided.
However, the defendant had the same criminal record, the crime of this case is committed by the defendant who is her attempted rape at night, and the nature of the crime is not good. The defendant's failure to agree with the victim up to the trial of the court below to the extent that the injured person wants to punish the defendant's severe punishment, and taking into account the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, this part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.