A. In spite of the fact-finding and misunderstanding of legal principles (violation of the Child Welfare Act (violation of the Child Welfare Act) that the Defendant did not timely file a report of birth for a child born in C on March 23, 2018 due to the birth of the child born in C on March 23, 2018, the lower court found the Defendant not guilty of this part of the charges by misapprehending the legal principles, despite the fact-finding or misapprehending the legal principles, although the act of abandoning the child under protection and supervision of the child or neglecting the basic protection, rearing, medical treatment and education including the food, clothing and shelter.

B. The judgment of innocence on the charge of violating the Child Welfare Act (child abandonment or neglect) affected the sentencing of the sentence (including a fine of one million won, and the completion of a child abuse treatment program for 40 hours) sentenced by the court below, and thus the sentencing of the court below is unfair.

2. Determination

A. The lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles [1] 1] The lower court’s determination based on the evidence duly adopted and examined as follows: (i) marriage with F on June 22, 2012 in Vietnam, but divorced on August 19, 2014; (ii) the Defendant gave birth to C in de facto marital relationship with F from around 2013, before divorce; (iii) the Defendant and B did not take legal procedures necessary for reporting the birth of the victimized child; and (iv) the Defendant and B failed to take the child protective disposition on July 31, 2017, after receiving the child protective disposition of this case from F on July 31, 2017, by raising a lawsuit of denial of paternity (Ulsan District Court 2017du33766); and (v) obtained judgment in favor of the Defendant on February 13, 2018; and (v) recognized the birth report between the Defendant and the child on March 23, 2018.