The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant had no or weak ability to discern things or make decisions due to the detention.

B. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mental disorder, the Defendant asserted as a mental or physical disability, and the lower court, based on the evidence duly admitted and examined, found the fact that the Defendant was in a drunken state at the time of the instant crime, but in light of various circumstances, such as the background of the instant crime, the means and method thereof, the Defendant’s behavior before and after the instant crime, the Defendant’s statement from the police to the court of the lower court, etc., determined that the Defendant did not seem to lack the ability to discern things or make decisions due to drinking

In light of the evidence duly adopted and examined by the lower court, the lower court’s determination is sufficiently acceptable, and it is difficult to view that the Defendant had no or weak capacity to discern things or make decisions due to the detention at the time of the instant case.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant did not have any record of criminal punishment as to the assertion of unfair sentencing, and commits the instant crime against the wrongness of the instant crime. Although there are circumstances agreed with the victim in the trial, the instant crime is committed by the Defendant, who attempted to rape with the victim by breaking the victim’s head debt and committing dangerous articles, and the nature of the crime is not good, and the victim suffered considerable mental suffering, and the Defendant committed the instant crime during the period of repeated crime due to the crime of injury, and committed the instant crime during the period of repeated crime.