The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the crime of rape in the instant case, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The sentence sentenced by the lower court to the Defendant (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was found to have drinking alcohol at the time of the instant crime, in light of the motive and background of the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime.

It does not seem that it does not appear.

The above assertion by the defendant is without merit.

B. There are extenuating circumstances that may be considered favorable to the defendant, such as the fact that the defendant has divided his mistake into one’s own mistake and reflects his depth; that the defendant has no record of criminal punishment prior to the instant case; that the crime of rape in this case is committed in the attempted crime; that the victim does not have much weight in the victim’s injury; and that the victim does not want the punishment against the defendant.

However, the crime of this case was committed by the defendant who committed an indecent act by force on the part of the victim, and by infringing on the victim's residence to commit rape, and it is not good to the nature of the crime in view of the circumstances and contents of the crime, and the social aggravation thereof. When the defendant committed the crime of indecent act by force against the victim two years prior to the crime, the victim was used without any conditions. However, even though the victim committed the crime of bodily harm caused by rape by infringing on the victim's residence residing in the mixed person at night again after two years, it appears that the victim suffered considerable mental pain due to the crime of this case, and the victim committed the crime of this case, and the age, sex, environment, motive and background of the crime, and means and method of the crime.