(2) The Defendant and his defense counsel withdrawn the assertion of misunderstanding the legal principles during the second trial of this Court, and there are extenuating circumstances, such as that the Defendant reflects his mistake, etc. However, the crime of this case is a crime detrimental to the trust in judicial order and its nature is not good. The lower court appears to have determined punishment in consideration of equity with the case where the instant crime and the first head judgment of the lower court, which became final and conclusive under Article 39(1) of the Criminal Act, are concurrently adjudicated. In addition, considering all kinds of sentencing conditions, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair. Thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.