The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of probation, two years of probation, observation of protection, and one hundred and twenty hours of community service in August) is too unreasonable.

2. The judgment of the defendant is against the recognition of the crime of this case, the negligence of the victim who illegally crossed the accident of this case seems to have contributed to a considerable portion, the defendant has no record of being punished in excess of a fine, and there is no record of criminal punishment after around 2002, and the defendant deposited five million won for the victim when the defendant was in the first instance, etc., are the conditions for sentencing favorable to the defendant.

However, in full view of the following circumstances: (a) a female victim who is aged (73) due to the Defendant’s breach of the Defendant’s duty of care, suffered serious injury, such as sexual intercourse, and the victim seems to have not been fully recovered until now; (b) the Defendant did not reach an agreement with the injured party; and (c) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, the Defendant and his defense counsel’s unjust assertion of sentencing 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.