The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

(2) the date of this judgment.

The gist of the grounds for appeal lies in the mental and physical weakness of the Defendant at the time of committing the attempted rape of this case.

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

In light of the fact that it is difficult to understand the fact that the defendant who attempted to commit a crime of rape by mistake or misapprehension of the legal principles, left with the victim's belongings in order to return to the victim, that it is difficult to obtain the police officer's possession, that the police officer did not have any possession of the victim's personal belongings at the defendant's home, and that the police officer sent the victim's cell phone to the victim's cell phone, and that the victim's cell phone, etc. was not discovered.

It is improper for the court below to exempt the defendant from issuing an order to disclose or notify personal information.

Judgment

According to the Defendant’s mental and physical weak argument, the record reveals that the Defendant was in a state of drinking alcohol to a certain extent at the time of committing the crime committed the attempted rape of this case. However, in full view of various circumstances such as the background of the crime of this case, the method and method of committing the crime, and the victim’s escape at the her mother room, which is the place of the crime, and five minutes after the victim escaped, the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of committing the crime of this case.

does not appear.

Therefore, this part of the defendant's argument is without merit.

The following circumstances are acknowledged based on the evidence duly adopted and examined by the court below as to the prosecutor's assertion of mistake of facts or misapprehension of the legal principles.