Defendant

In addition, the defense counsel withdrawn the assertion of mistake of facts during the second trial.

2. The judgment of the court below is reasonable in full view of all the circumstances, including the defendant's recognition of the crime of this case and the damage inflicted on the victim, the defendant did not have the same criminal record, and there was no previous criminal record, and the defendant was only exempted from taking into account the circumstances of the crime committed while the defendant actually operated the business at the time of the crime of this case. However, even though the amount of damage inflicted by the crime of this case is not a large amount, the damage was not completely recovered for a long time, the victim wanted to punish the defendant for a long time until the court of the trial, and there was no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the court below, other than the confession of the crime of this case, the defendant's character and behavior, environment, relationship with the victim, the motive, means and result of the crime of this case, and the circumstances after the crime of this case.

Therefore, the defendant's assertion of unfair sentencing 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.