The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (1) The Defendant was in a state of mental and physical weakness due to drinking more than that of the year preceding that at the time of committing the instant crime, and (2) the sentence (2) imposed on the Defendant by the original trial (2 years of imprisonment, 80 hours of order to complete the program) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the argument of mental and physical weakness, the defendant had experienced a sense of memory with the aged and almost every day drinking, and even before the crime of this case, he can recognize the fact of drinking alcohol.

① However, the Defendant attempted to rape the victim two times on the day of the instant case, ② The police asked the victim about the crime No. 1 of the judgment of the court below, “ how to memory the victim’s clothes” in relation to the crime of No. 1 of the judgment of the court below was stated as follows: “ how to memory the victim’s clothes? It is the same as what is the same as what is the same as that of memory, and does not want to be off his clothes (97 pages of the investigation record).” ③ In other words, in the prosecution, “the victim gets away from the victim’s booming of garbage, so it was the victim’s resistance, and the victim was down, as the victim was kneeped, and the victim was over the floor, and the victim exceeded the floor as the victim was the victim.

In light of various circumstances, including the fact that the defendant specifically stated the situation at the time of the crime (179 pages of the investigation record), the situation at the time of the crime, the background leading to the crime, the method of the crime, and the defendant's behavior before and after the crime, it is not determined that the defendant at the time of each crime of this case had a weak ability to discern things or make decisions, and thus, this part of the defendant's assertion is without merit

B. As to the wrongful assertion of sentencing, the Defendant committed a crime by drinking alcohol and contingently, in a state where the number of years of age differs from decentralization.