The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (two years of imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.

2. A favorable sentencing factor or objective and neutral sentencing factor is acknowledged, such as the fact that the defendant recognized his/her own crime and reflects on his/her mental and physical disorder, but appears to have committed a crime in a sudden and shock condition while drunk, the degree of indecent act is minor, and the defendant has no record of sexual crime.

However, in light of the fact that the crime of this case was committed at night by the defendant's intrusion upon the victim's residence and steals the property and forced the victim who was diving from the room immediately after the attempted crime, and the risk and degree of the crime are bad, and in view of the time and place of the crime, etc., it is highly probable that the victim would have come to commit a serious sexual crime if the victim did not resist in diving, and the possibility of criticism is high in that the victim would have come to commit the crime of this case, and the victim would have been subjected to considerable sexual humiliation and mental impulse, but the defendant did not take any measures to recover the damage until the trial, and it is also recognized as an unfavorable or neutral and objective sentencing factor.

In full view of each of the above sentencing factors and Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, various conditions of sentencing indicated in the argument in the instant case, such as the circumstances after the crime, etc., and the statutory penalty [a] of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., imprisonment with prison labor for not less than five years, and the lower court has repeatedly mitigated by taking legal mitigation (the latter concurrent mitigation of Article 37 of the Criminal Act) and discretionary mitigation], it cannot be said that the sentence of the lower court is heavy.

Therefore, the defendant's assertion is without merit.

- There are concurrent crimes under the latter part of Article 37 of the Criminal Code.