The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

B. The lower court’s sentencing (one year and six months of imprisonment, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, taking full account of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion on unreasonable sentencing, the defendant recognized the crime of this case against the wrongness and agreed with the victim, the victim did not want the punishment of the defendant, the defendant did not have any record of punishment for the same kind of crime, and the fact that the crime of this case was committed against the attempted crime is favorable to the defendant.

However, the instant crime is an attempted rape of a victim who the Defendant saw that he was the Plaintiff, and the nature of the crime was bad, and the degree of the Defendant’s use of violence appears to have been considerable in the victim’s face photograph taken immediately after the commission of the crime, and there seems to be insufficient to take measures to recover material damage, which serves as the basis for the victim’s failure to punish the victim, taking into account all the sentencing conditions, such as the Defendant’s age, character, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.