Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. In relation to the mistake of facts or misapprehension of legal principles, it is deemed that a child victim had a little physical contact in the process of preventing an emergency behavior by referring to an act of emergency, and the degree of injury is minor (in fact-finding), and it cannot be deemed that the child victim’s abuse is an abuse in relation to the point of child abuse.

(Lawio8). Nevertheless, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of taking courses to prevent recidivism of child abuse) is too unreasonable.

2. Determination:

A. 1) With respect to the assertion of mistake of facts and misapprehension of legal principles, a thorough examination of the records by comprehensively taking into account the evidence duly adopted and examined by the court below, including a murder and a diagnosis report, all the facts recognized by the court below are acceptable, and the judgment below is just and there is no error of misunderstanding of facts as alleged by the defendant in relation to the fact of child abuse. Article 17 subparagraph 3 of the Child Welfare Act provides that "an abuse that causes bodily harm to a child" as one of prohibited acts. Here, the term "injury to a child" refers to a change that causes a negative physical harm to a child, even if it does not reach the degree of "injury" due to the exercise of physical force against a child's body, which causes physical harm or physiological function (see, e.g., Supreme Court Decision 2015Do6781, May 12, 2016).