2. The defendant's health condition is not good, the defendant is in an economically difficult condition as a basic living recipient, the fact that the court below agreed with the victim is favorable to the defendant, but the crime of this case is likely to interfere with the victim's taxi driving business by continuously taking the defendant's desire against the aged victim under the influence of alcohol, and the crime of this case is not good. The defendant's appeal that the court below's sentencing is heavy cannot be accepted, in full view of the above favorable circumstances and there are no special changes in circumstances to consider the sentencing after the decision of the court below.

3. As such, the judgment of the court below is reversed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and the following decision is rendered