The defendant's appeal is dismissed.

The Defendant pays 120,700,000 won to the applicant for compensation.

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year and eight months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the instant crime and there is a good condition that the health of the Defendant is safe, however, the instant case was committed by a person who was in an internal relationship with the past and was 16 times over 13 years from the victim of the previous crime, and thus, the crime is very poor.

As a result of the defendant's crime, the victim was suffering from serious mental pain over a long time, and even though the amount of damage is not much, the defendant was unable to reach an agreement with the victim or to recover the damage.

The judgment below

There is no new circumstance to consider the sentencing after the sentence is sentenced.

In addition, in full view of all the sentencing conditions shown in the records and arguments up to the core of the criminal defendant's age, health, sex, environment, motive, means and consequence of the criminal act, circumstances after the criminal act, and records of the criminal act, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The applicant for compensation (victim) filed an application for compensation order of KRW 120,700,000 for the amount of damage caused by the crime of conflict in this case at the trial of the party. According to the records and evidence, the defendant has a duty to pay the applicant the amount of KRW 120,70,000 for the amount of compensation, since it is recognized that the sum of the amount of damage caused by the crime of conflict in this case has been raised by the defendant.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is with merit.