The defendant's appeal is dismissed.

The defendant with mental or physical weakness of the grounds for appeal was in a state that at the time when rape was committed, the defendant was in a state that he or she lacks the ability to discern things or make decisions.

The punishment sentenced by the court below (a 5 years of imprisonment, 120 hours of completion of sexual assault treatment programs, confiscation) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the argument of mental and physical weakness, the defendant, through the introduction of the back-to-date, had the victim live in the house of the defendant who is not the victim. On the day of the case, the victim was first her only twice, and the fact of drinking at the drinking house is recognized.

However, following the crime of rape, the Defendant presented to the police officer who was dispatched after receiving a report from the victim in front of the G building as stated in the judgment below No. 3-b. 3-2 of the judgment of the court below with the driver’s license, which he embezzled as stated in paragraph (1) of the judgment of the court below, and argued that he is E and resides in the G building No. 402 of the G building; the police box made a false fingerprint inquiry at the police box, which refers to E’s front place of resident registration number; and the Defendant attempted to have sexual intercourse with the victim out of the victim’s will of drinking alcohol, entering the house at the police station on the day of the instant case, while the victim resisted and resisted the victim with the help of the victim to take the part of the kitchen, thereby threatening him with a knife in the kitchen.

“A specific statement in the whole process of committing the crime,” and as to the circumstances in which the police investigation held the driver’s license in the above police investigation, E was in charge of the Defendant’s driver’s license, and she was in Seoul, and she was in charge of the Defendant’s driver’s license, and she was in Seoul, and she entered into a stud lease agreement in the name of E while living together for about 4-5 months and residing

In light of the Defendant’s speech and behavior before and after the crime, such as the fact that the police investigation on January 5, 2017, which was revealed by the falsity, was found to be true, the right and wrong at the time when the rape was committed.