A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. 판단 이 사건 범행은 범행에 취약한 어린 자녀들을 상대로 한 것이고, 불과 4∽7세였던 피해아동들이 상당한 신체적, 정신적 충격을 받았을 뿐만 아니라, 피해아동들의 향후 발달에도 부정적인 영향을 미치게 될 것으로 보이는 점, 피해아동 D은 쇄골이 골절되는 중한 상해를 입은 점은 피고인에게 불리한 정상이다.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) is deemed to have made efforts to prevent recidivism while receiving a mental and medical treatment in good faith; (c) the Defendant’s wife and siblings are leading; (d) the Defendant’s wife and siblings are leading; (c) the Defendant’s most support of his wife and children makes it difficult for his family members to maintain their livelihood when the lower court’s sentence becomes final and conclusive; and (d) other circumstances such as the Defendant’s character, character, age, family relationship, motive and background of the instant crime, means and consequence of the crime; and (e) the sentencing conditions indicated in the records, such as the circumstances after the crime, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 283(1) of the relevant Criminal Act, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 3 and 5 of the Child Welfare Act (a point of child abuse), and punishment for crimes of child abuse.