The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Although the defendant or defense counsel did not submit a legitimate reason for appeal within the deadline for submission of the statement of grounds for appeal, the defendant or defense counsel asserted as follows, and therefore, she will examine ex officio.

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability, mental disability, or mental disorder.

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

2. According to the record of the judgment on the assertion of mental and physical disorder, although the defendant could recognize a certain degree of drinking alcohol at the time of the case, the defendant stated in the initial police investigation that he stated the day of the case in a relatively small size. In light of CCTV images around the defendant's home, immediately after the case, the defendant's appearance does not appear to be a person who has carried out the defendant's own house and the second floor immediately after the case, and the victim also stated that he did not have the same influence as the person who had carried out the act of the defendant at the time of the case, such as the defendant's behavior interfered with the defendant's behavior, and the speech and behavior of the defendant at the time of the accident, and the statement that the defendant's defendant's provoking stated that "no film is found to have been cut or that the defendant had no memory at the time of the crime." In light of the defendant's speech and behavior or circumstances before and after the crime, the defendant's ability of drinking or lacking things at the time of the crime of this case.

3. The instant crime of determining unfair sentencing is a case where the Defendant, after drinking the victim, who was a part of the university, and attempted to have sexual intercourse with the victim by using the victim, who was unable to resist due to the influence of alcohol, and thus, there is a need for strict punishment against the Defendant in light of the Defendant’s criminal liability following the relevant crime.