2. The fact that the victim was partly erroneous due to mutual assault of judgment, and that the victim did not want the punishment of the defendant is an element of sentencing favorable to the defendant.

However, there are 19 criminal records related to violence against the defendant, and the fact that the defendant again commits the crime of this case during the period of repeated crime is an unfavorable sentencing factor against the defendant.

In addition, considering the various circumstances, such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below does not seem to be unfair because it is appropriate and too unreasonable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure: Provided, That ex officio pursuant to Article 25 of the Rules on Criminal Procedure, Article 25 of the corresponding provision of the Criminal Act concerning the facts constituting an offense in the application of the law of the lower judgment is added to the following Article 257(1).