2. In full view of the following circumstances: (a) there was no record that the Defendant was punished as a crime of the same kind; (b) the victim’s actual loss was the origin of the crime; (c) most damage was not recovered; and (d) there was no agreement with the victim; and (d) there was a question as to whether the Defendant was seriously against the victim; and (c) there was no special circumstance or change of circumstances that may be considered in the sentencing after the decision of the lower court was rendered; and (d) other circumstances that form the conditions for the sentencing as indicated in the record, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (e) there was no special circumstance or change of circumstances that are considered in the sentencing after the decision of the lower court was rendered, the Defendant’s assertion is unreasonable because

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.