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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The lower court’s sentencing (five years of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the determination of mental and physical disability, it does not appear that the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime.
The defendant's above assertion is without merit.
B. The judgment of the court below on the assertion of unfair sentencing is that ① the unfavorable sentencing factors: ① the Defendant, in order to rape the friendship of women, did not have any criminal records other than those from which the Defendant received the juvenile protection case one time for committing a crime different from this case; ② the victims resist to resist and assault them; ② the victims’ resistance and abuse violence to cause injury to all the victims; ② the Defendant appears to be accompanied by the investigation agency, taking the care of the guardian of the friendly child before being identified in the investigation agency as the offender; ② the favorable sentencing factors: ① the attempted rape was committed; ② the victim was committed in the course of attempted rape; ② the Defendant did not have any record of having received any criminal disposition other than those having received the juvenile protection case one time for committing a crime different from this case; ③ the victims’ social experience still fall short of the age of 20 years; ④ all the victims were able to use the Defendant for a prison term of not more than 25 years; ⑤ The Defendant was sentenced to imprisonment with prison labor for not more than 2 years, and the Defendant was sentenced to imprisonment for not more than 5 years (5 years).
In addition to the various circumstances cited by the court below.