2. There are extenuating circumstances such as the fact that the accused recognizes and reflects the crime, that there is a child in the third grade of elementary school to be supported by the accused, that there is a old age of 80,000, and that there is no criminal record other than a fine of 500,000 won due to driving of drinking around 203.

However, even though the crime of this case was committed by the defendant 70 years old or older, the crime of this case did not take any relief measures and did not cause injury to the victim in need of 10 years old or older, and thus, the nature and circumstances of the crime and the crime appear not to be somewhat weak, and even if the degree of damage was serious, the damage was not completely recovered, etc., and the court below sentenced the defendant 8 months of imprisonment with prison labor, which is the lower limit of the punishment recommended according to the sentencing guidelines of the Supreme Court by reducing the amount to one year of imprisonment, which is the lower limit of the statutory penalty, and taking full account of other various circumstances, including the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, it is not recognized that the sentence of the court below is too unfair.

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