2. Although there are no circumstances to consider the circumstances, such as the fact that the Defendant recognized the instant crime, the fact that the Defendant agreed with the victim that the injured person does not want the punishment of the Defendant, the lower court determined the punishment by taking account of the above favorable circumstances, the lower court did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and other various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, including the Defendant’s age, sex, conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, are considered, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (Article 364(4) of the Punishment of Violences, etc. Act was amended by Act No. 13718, Jan. 6, 2016 and enforced on the same day, but there was no change in the penalty provided by the applicable

Therefore, in accordance with Article 25(1) of the Rules on Criminal Procedure, “the pertinent Article of the Act on the Punishment of Violences, etc.” in the application of the judgment of the court below to “the Punishment of Violences, etc. Act” against the defendant shall be corrected to “the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016).”