The prosecutor's appeal is dismissed.

Punishment of the crime

1. The summary of the grounds for appeal seems to have dolusently recognized that the Defendant’s act of cutting down the hand saws of the victim aged 3 years old (the age of 3 at the time of the act) may cause a negative change to the victim’s body due to the act, and in light of the circumstances such as the fact that the Defendant continues to cut down the hand saws in the actual process of cutting down the victim’s hand saws, the Defendant’s intent of child abuse is recognized.

Nevertheless, the court below acquitted the charged facts of this case, and there is an error of law by misunderstanding facts or by misapprehending the legal principles on child abuse.

2. Determination

A. The judgment of the court below held that the defendant has the intention to abuse the victim in light of the following circumstances while recognizing the fact that the defendant severely reduced five saws of the saws of the saws of the saws by the defendant, thereby causing damage to the saws to the victim, but in light of the following circumstances:

It is difficult to see

The decision was determined.

(1) The Defendant: (a) reported under the part of the victim's saw that frequently lacks fingers; and (b) was willing to abuse the victim as he/she had the victim cut saws for the purpose of hygiene of the victim.

It shall not be readily concluded.

(2) The defendant was operated.

E 어린이집은 보육교사가 1명, 원생이 피고인의 아들을 포함하여 3명뿐인 가정 어린이집이고, 피해 자가 위 어린이집에 다닌 날짜는 4일에 불과 하며, 피해자가 말썽을 피운 적도 없어 피고인이 피해자를 학대할 만한 사정도 찾아보기 어렵다.

(3) At the time of the Defendant’s reduction of hacks of hacks by a child care teacher, H was unable to hear the hacks of the victim, and h was also showing the victim’s hacks of hacks.

was testified.

In light of these testimonys, it seems that the victim had saw a saw with a large sound at the time of the reduction.