All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of committing the attempted rape of this case, and the Defendant was in weak condition in the ability to discern things or make decisions. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too unfasible and unfair. 2) The lower court’s failure to disclose and notify the Defendant’s personal information even though the Defendant was punished due to the crime of attempted robbery, rape, etc. in the past, and the Defendant was not remarkably divided.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's claim of mental disability, the defendant's drinking alcohol at the time of committing the attempted rape of this case is recognized.

However, in full view of the circumstances leading up to the instant crime, method of the crime, and the Defendant’s behavior before and after the instant crime, it does not seem that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case is attempted to rape the victim, who is a shelvelary of the obligation of the Defendant to protect and rear, and further commits assault or bodily abuse under the pretext of guiding the victim, and the nature of the crime is very poor, and the victim wants to punish the defendant. In light of the above, the Defendant’s liability cannot be deemed to be somewhat weak.

Meanwhile, the crime of rape in this case was committed in the course of attempted rape, and the defendant had a record of criminal punishment several times, including the crime of attempted robbery and rape in the past, but more than ten years prior to the crime in this case after the execution of the sentence was completed.