The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability and injury.

B. The lower court’s imprisonment (five years of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the defendant's statement in the trial of the court and the testimony by J of the witness at the trial of the court, it is recognized that the defendant drinks more alcoholic beverages than the ordinary liquor at the time of the crime in this case.

However, according to the evidence duly examined and adopted by the lower court, in full view of the following: (a) the Defendant stated in a relatively concrete memory of the circumstances or acts before and after the instant crime even during the investigation process; (b) the specific method and content of the Defendant’s crime; (c) dialogue with the victim; and (d) the circumstances after the instant crime, it can be recognized that the Defendant committed the instant crime while the Defendant did not have the ability to

Even if the defendant committed a sexual crime under the state of mental disorder caused by drinking at the time of the crime in this case, the punishment may not be mitigated (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Thus, this part of the allegation by the defendant and his defense counsel cannot be seen or acceptable.

B. As to the assertion on unfair sentencing, the crime of this case is a reason unfavorable to the Defendant, such as: (a) the Defendant invadedd on the house of the victim, attempted to rape the victim; and (b) the victim’s head was marked on the floor by taking the victim’s head from the escape, thereby placing the victim’s head on the floor; and (c) the victim, who was divingd at the house in which he was living, was subjected to serious psychological impulse by being subjected to the instant crime from the Defendant, and was inflicted on his superior position.

However, the defendant himself.