(2) On the first day of the appellate trial, the Defendant withdrawn the assertion of mistake of facts on the date of the appellate trial). In view of the fact that the Defendant led to the instant crime, the first offense is the first offender, the health of the Defendant is not good, the amount of partial performance of the damage, the period and the amount of deception, etc., the following circumstances are considered: (a) considering the nature of the instant crime is not less complicated; (b) the damage not recovered even if considering the amount of partial performance of the damage is considered; and (c) taking into account the fact that the victim wants to impose severe punishment on the Defendant; and (d) taking into account the sentencing conditions, such as the Defendant’s age, character and behavior, environment, circumstances leading to the instant crime, means and consequence; and (c)

There is no reason to view that the sentencing conditions have changed in the appellate court.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.