2. It is recognized that the Defendant’s confessions all of the facts charged of the instant case before the prosecution of the instant case was instituted, and that part of the victim’s damage was recovered due to the Defendant’s repayment before the prosecution of the instant case was instituted, and the lower court’

However, if the defendant did not comply with the repayment agreement with the victim with regard to the amount of 62 million won which has not been recovered in the court below, and the defendant committed another crime even though he had the record of punishment for the same kind of crime and suspended execution, considering all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, family environment, the circumstances and result of the crime of this case, the following circumstances, etc., the court below's punishment is too excessive and unfair, and therefore, the above argument by the defendant is without merit.

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