The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Housing Rape, etc.), on the grounds that the Defendant committed an indecent act against the victim G at the time of the instant crime, and did not have any intent to rape.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

C. Taking into account the details of the instant crime of unfair sentencing and the circumstances against the Defendant, the sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the statement made by the victim G on the assertion of mistake of facts and misapprehension of legal principles in the police, the victim G intrudes into the restaurant operated by the victim and set the victim's hand so as to prevent the victim from suffering with his left hand, and lying him on the part of the victim, and lying him into the drinking part, etc., and when the defendant commits the above act, the defendant told the victim that "I have ever ever come to her. I have come to her. I have to go to her. I have to go to her. I have to go to her." When the defendant commits the above act, it can be acknowledged that the victim tolds another room that the victim has a sexual relationship with another room and let the defendant go to her back to the police, and then locked the victim and reported it to the police.

In light of the above facts, it can be recognized that the defendant had the intent to rape the victim at the time of committing the crime, so the defendant's assertion of mistake of facts and misapprehension of legal principles

B. According to the evidence submitted as to the assertion of mental and physical disability, it may be recognized that the defendant was somewhat drunk at the time when he/she intrudes into the cafeteria of the victim G, and tried to rape the victim. However, in light of the process and details of the crime, the defendant's behavior and attitude before and after the crime, etc., the defendant is considered.