The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant was under the influence of alcohol from around 04:00 on the day of the instant crime, to the extent that the situation at the time of the instant crime was not accurately memory, and thus, the Defendant was in the state of mental disorder or mental disability at the time of the instant crime.

The sentence of imprisonment (three years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

Comprehensively taking account of each of the Defendant and the victim’s statements about the determination of mental or physical disability or mental disability, the Defendant may recognize the fact of drinking from around 04:00 on the day of the instant crime.

However, in full view of the circumstances, such as the background of the instant crime, the statement that the Defendant committed to the victim at the time of the crime, and the circumstances after the crime, which were duly adopted and examined by the lower court, the Defendant did not have the ability to discern things or make a decision.

or lack of such capacity. It does not appear that such ability was in a state.

Therefore, the defendant's defectiveness or mental disability argument is without merit.

The circumstances favorable to the defendant include the fact that the instant crime on the assertion of unfair sentencing is committed in the same way as the attempted crime of this case, and the fact that the Defendant was committed in the course of committing the instant crime, and the Defendant’s mistake is divided.

On the other hand, the fact that the defendant was sentenced to suspended sentence for the same crime, that the defendant committed the crime of this case during the period of suspended sentence for the same crime, that the defendant attempted to rape and attempted to commit the crime of this case, and that the crime of this case is very bad in the nature of the crime, that the victim seems to have suffered significant physical and mental pain due to the crime of this case, and that the defendant did not receive a letter from the victim, etc. are disadvantageous to the defendant.

The above circumstances and all other circumstances shown in the argument of this case, such as the defendant's age, character, character and environment.