The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

In particular, it is very difficult for the defendant to implement community service for 80 hours because he is old and healthy. Therefore, the court below's community service order is excessive to the defendant.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Even when considering the circumstances in which the Defendant was able to pay as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment

In this context, ① Ordering the Defendant to engage in a normal social life instead of detention of a convicted criminal in prison and engage in work without remuneration for a designated period of time. It is necessary for the Defendant, who had been convicted of a suspended sentence due to the same kind of crime, to have an opportunity to reflect his/her behavior and recover his/her sense of social responsibility through community service. ② The type of community service is diverse by nature protection activities, welfare facilities and organization service activities, public facilities service activities, public support activities, public support activities, and other public service activities beneficial to the community. Therefore, considering the fact that the enforcement agency of the community service order can select and execute the community service that the Defendant can perform in consideration of the Defendant’s specific health condition, it cannot be deemed unreasonable for the lower court to add the community service order for 80 hours other than the suspended sentence of imprisonment to the Defendant.

Therefore, the defendant's assertion that the sentencing of the court below is unfair is acceptable.