The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the victim who had been aware of his usual knowledge and the victim was about to commit rape and attempted rape after drinking alcohol; (b) the victim appears to have suffered considerable mental impulse and pain; (c) the victim was not recovered from damage; and (d) the victim was seeking punishment against the defendant.

From the beginning, the fact that the Defendant does not seem to have planned to commit the instant crime, and that the crime is committed against the attempted crime, that the Defendant recognizes his mistake and seriously reflects it, and that the Defendant has no record of being punished for a sex offense or of being sentenced to a fine heavier than that of the fine, etc. is favorable to the Defendant.

In addition, in full view of the defendant's age, character and conduct, family environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances before and after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.