The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, the court below which acquitted the Defendant of this part of the facts charged erred by misapprehending the facts or by misapprehending the legal principles, despite the fact that the Defendant was abused by taking the victim B’s view and the e-child care center’s loss from the end of March 2018 to May 25, 2018.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too uneased and unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles as to the assertion of facts should be made by comprehensively taking into account the relation between the offender and the victimized party; the offender’s attitude, age, gender, tendency, mental development condition and health condition of the victimized party at the time of the act; the place and time at which the act occurred; the degree and manner of the act; the circumstances leading to the act; the repetition or period of the act; the influence of the act on the normal development of the victimized party’s mental health; etc. (see Supreme Court Decision 2017Do5769, Mar. 12, 2020). The lower court’s statement by the victim’s police should be determined by comprehensively taking into account the following: (a) the offender’s relation to the victimized party; (b) the offender’s attitude presented to the victimized party at the time of the act; (c) the frequency and degree of punishment; (d) the degree and method of the occurrence of the act; and (e) the degree and result of the act; and (c) the statement of the victim’s professional statement of the lower court cannot be acknowledged.

3 The court below's decision that can be accepted by evidence.