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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment without prison labor for four months, the suspension of execution one year, and the community service order 160 hours) is too unreasonable.
2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime and reflected the Defendant, and that the taxi driven by the Defendant is affiliated with the Korean Federation of Taxi Transport Business Association.
However, in full view of the above favorable circumstances, the lower court’s sentence was already determined in consideration of the victim’s circumstances, and the victim’s wishes to punish the Defendant, and other unfavorable circumstances, such as the background of the crime and the circumstances after the crime, etc., as well as the sentencing conditions of this case as indicated in the record, are not deemed unfair because the sentence of the lower court is too unreasonable. Accordingly, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.