The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

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

2. Determination

A. The Defendant asserted that this part of the appeal is identical to that of the grounds for appeal even in the lower court’s judgment as to the claim of mental disability.

Under the title “determination on the Defendant and his defense counsel’s assertion,” the lower court, based on the adopted evidence, did not have the ability to discern things or make a decision under the influence of alcohol at the time of committing the instant crime, in view of the circumstances indicated in its reasoning.

The defendant's assertion was rejected because it did not appear that it was or was weak.

Considering the circumstances acknowledged by the evidence duly adopted and examined by the court below, in particular, when the defendant committed a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) in the judgment of the court below, and completed the school at the time of the crime and tried to commit rape after leaving the victim back to the defendant's residence, the court below's aforementioned judgment is just and there is no violation of law as argued in the Grounds for Appeal.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing reflects his mistake by recognizing the instant crime.

The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) in the judgment of the defendant was attempted.

A defendant has no record of committing a sexual crime.

However, the crime of this case is an act of indecent act between the defendant's wife, who is a juvenile, and attempted to commit rape, and the crime of attempted rape is a bad thing in the victim's resistance.

For this reason, the age victim was a big mental impulse.