The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant committed the instant crime under the influence of alcohol. At the time of the instant crime, the Defendant was in a state of mental disorder or mental disorder.

The sentence of unfair sentencing (two years of imprisonment and 40 hours of order to complete a sexual assault treatment program) of the lower court is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the defendant's drinking prior to the crime of this case is recognized.

However, in full view of all the circumstances such as the background and process of the instant crime, the means and method of the instant crime, and the Defendant’s attitude and behavior before and after the instant crime, the Defendant lost the ability to discern things or make decisions at the time of the instant crime.

No such ability is deemed to be weak or weak.

Therefore, the defendant's mental disorder is without merit.

The lower court made a decision on the assertion of unfair sentencing: (a) taking into account the favorable circumstances, such as ① the Defendant’s acknowledgement of the instant crime and reflects the Defendant’s mistake; (b) the Defendant has no record of criminal punishment for the same crime; and (c) the Defendant committed the instant crime into account the attempted rape on the new wall; and (b) the instant crime was committed by the Defendant intending to rape the victim who is a singing business owner; (c) the victim was singing to commit the attempted rape; and (d) the victim was bad in light of the course of the instant crime and the applicable law; and (e) the Defendant was sentenced to punishment under extenuat

There are no new circumstances or special changes in circumstances that can be reflected in the sentencing after the decision of the court below was made.

In addition, comprehensively considering the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below against the defendant is too excessive.