The defendant's appeal is dismissed.

Summary of Grounds for Appeal

There is no intention to rape the victim of misunderstanding of facts, but there is no intention to rape.

In the event of the instant crime, mental or physical disability was in the state of mental or physical disability under the influence of alcohol.

The sentence of imprisonment (10 years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

Judgment

Comprehensively taking account of the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the court below may fully find the facts charged of this case guilty.

According to the records of this case as to the assertion of mental disorder or mental retardation, the defendant could recognize the fact of drinking at the time of committing the crime, but in light of the various circumstances indicated in the records, the defendant lost his ability to discern things and make decisions.

It can not be seen that there has been a lack of or weak state.

Furthermore, Article 10(2) of the Criminal Act may not apply in accordance with Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in a case where the defendant was under the state of mental disorder under the influence of alcohol, even though the defendant was under the state of mental disorder at the time of committing the crime. As such, the defendant's mental disorder or mental disorder claim is

Although there are some favorable circumstances, such as the absence of the same record of judgment on the assertion of unfair sentencing, and there is no history of punishment heavier than the fine, the nature and circumstances of the crime, such as entering the house of an elderly victim at the latest night, attempted to commit sexual assault, and committing serious bodily and mental harm in the course of suppressing the resistance, etc., are very poor, but they are not consistent with the defense that makes it difficult to understand so far, and are not properly divided. The victim did not agree with the victim up to now, and the victim tried to escape the defendant's severe punishment while asking for severe physical and mental pain.