All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of the instant crime, was under the influence of alcohol at the time of the instant crime, and was in a state of mental and physical disability. 2) The sentence (five years of imprisonment) sentenced by the lower court to the Defendant on the ground of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the court below's decision as to the defendant's mental suffering claim: (i) the defendant, after raped the victim and told the victim to incur his body; (ii) the defendant went to math, upon the victim's request by the police, and the victim escaped immediately and rapidly after the victim requested the police report (Evidence records 35, 36, 88 pages); and (iii) the defendant stated in the prosecutor's office the witness and eye in the stairs going to the victim's house, and made a statement on the conversation between the victim and the victim by smoking and dividing tobacco into the victim's house, and it is difficult to accept the victim's ability to kill the victim's body at the time of the crime; and (iv) the defendant made a statement about the situation at the time of the crime, circumstances, circumstances, etc., such as the victim's ability to dystroke, which had been carried with a knife, other than the knife at the time of the crime; and (iii) the defendant's argument that he did not bring about the victim's body.

B. In this case, the defendant tried to commit rape in his/her clothes at the outside parking lot of Dora, by assaulting the victim returning home, and exceeding his/her clothes.