The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unhued and unfair.

2. The judgment is recognized that the defendant is a primary offender, and that the defendant has a symptoms of depression or a yellow disorder.

However, the crime of child abuse is very disadvantageous to the formation of the sound character of victimized children.

Although the Defendant was a child care teacher to protect children, the Defendant committed abuse against three to four children who were unable to oppose the Defendant, on several occasions, and did not receive any employee from the victimized children and their parents.

Victim children seems to have been under psychological treatment, etc. due to the shock of the crime of this case.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive or background of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unfasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime, and Selection of Imprisonment, respectively, under Articles 71 (1) 2 and 71 (1) 3 and 5 of the Child Welfare Act;

1. As seen in the determination of the foregoing unfair argument of sentencing on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the punishment shall be determined as ordered for the same reason.