2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the fact that there was no special criminal history, except for the fact that the Defendant was punished once by a fine for larceny in 2010.

However, in full view of the following circumstances: (a) the Defendant’s crime of this case prevents the victim’s restaurant business by walking the phone at the victim’s restaurant for about 36 hours in total; (b) the nature of the crime is not good; (c) no agreement has been reached with the victim up to the trial; (d) there is no circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered; and (e) other various circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the trial process, are considered as unfair because the lower court’s punishment is too excessive, and thus, the Defendant’s assertion is

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.