The defendant's appeal is dismissed.

1. The sentencing of the lower court on the gist of the grounds of appeal is too unreasonable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances alleged by the Defendant as an element of sentencing in this court are already revealed in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.

(A) The Defendant’s act of assaulting at the time of committing each of the instant crimes does not recognize that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime. The lower court erred in the scope of the recommended sentence by omitting the “where the result of the injury was caused, but the basic crime was attempted” among the special siblings regarding the crime of rape, and thereby omitting the Defendant’s age, character, character, environment, family relationship, motive, means and consequence of the crime, etc., and the scope of the recommended sentence according to the instant arguments and the sentencing guidelines stated in the records, including the circumstances after the crime was committed, and the scope of the recommended sentence according to the sentencing guidelines according to the sentencing guidelines.

However, even if these circumstances are considered, the sentencing of the court below is not found to be unfair.

The scope of applicable sentences under the law: The scope of recommended sentences based on the sentencing guidelines from June to June 22;

(a) The crime of causing rape (the decision of type). The case where the result of the bodily injury has occurred;

(a) Measures to mitigate the bodily injury at least 13 years of age (type 2) between the general lecture (type 2): Where the result of the bodily injury occurred, but the basic crime is attempted, the minor increased factors of bodily injury: Victims who are vulnerable to the crime (the area of recommendation and the scope of recommendations), the area of mitigation, 2 years and six months through 5 years;

(b)an attempted rape;