2. The fact that the judgment is recognized as a crime, and the fact that the victim paid 40 million won to the victim and only agreed to do so is favorable circumstances.

However, the lower court appears to have determined a sentence in consideration of such favorable circumstances, and there is no change of circumstances that may be considered in the new sentencing after the sentence of the lower judgment, the fact that there is a history of being subject to criminal punishment for the same kind of crime, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the crime, it is difficult to view the lower court’s sentence to

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.