The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts not only did the Defendant knew of the injury or murder of D’s victim, but also could not have predicted such an act, there was an error of mistake in the judgment of the court below finding the Defendant guilty, even though he was not guilty under the Child Welfare Act. 2) The court below’s sentence of unfair sentencing (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Judgment on the Defendant’s assertion of mistake of facts

Article 3(7) of the Act provides that “The term “child abuse” refers to the act that an adult, including a protector, harms a child’s health or welfare or commits physical, mental or sexual violence or cruel acts that may impede the normal development of a child, and the protector abandons or abandons the child,” and defines the act of neglect as the type of child abuse along with physical, mental or sexual violence. Article 17 subparag. 6 of the Act provides that “The act of neglecting a child under his/her protection and supervision, or neglecting the basic protection, rearing, medical treatment and education, including food, clothing and shelter, is prohibited.”

Such act of neglect is committed by omission, unlike physical, mental, sexual violence or abandonment, so it is necessary to recognize that such act of neglect is necessary to protect and treat a child, but it is not necessary to take necessary measures. Such intention is sufficiently recognized if the child under his/her protection continues to take necessary measures without taking necessary measures.