The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. As to the violation of the Child Reinstatement Act of 2015 against the victim C (son and D) in the spring of 2015, the Defendant’s act constitutes an abuse prohibited by Article 17 subparag. 3 of the Child Uniforms Act, but the lower court acquitted the Defendant as to the above facts charged, and the lower court erred by misapprehending the facts.

B. The lower court’s punishment that is unfair in sentencing (one million won in penalty) is too minor.

2. Determination

A. The prosecutor changed the indictment at the trial in 2015, while maintaining the existing facts charged about the violation of the Act on the Punishment of Children's Uniforms to Victims in spring in 2015 as the primary facts charged. The preliminaryly applicable provisions of Article 71 (1) 2 and Article 17 subparagraph 5 of the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017) were "Article 71 (1) 2 and Article 17 subparagraph 5 of the former Child Uniforms Act", and the charges charged by the Defendant "in the Defendant's residence in 206, 1415, 206-dong H apartment 2015, the victim C committed emotional abuse that harms the mental health and development of the child by keeping the victim's bed with his hand on the ground that the victim C did not have any writing well.

“A request for amendments to Bill of Indictment was filed,” and this Court permitted this.

However, the prosecutor's assertion of mistake as to the primary facts charged is still subject to the judgment of this court, and the following is examined first.

B. As to the primary facts charged, the Defendant: (a) committed a physical abuse that damages to the body of a child, or harms the physical health and development of a body, on his hand, on the ground that the victim C was unable to do so at the Defendant’s residence located in the 206 Dong Dong-dong 1415, Busan, Busan, in spring 2015, on the ground that he was unable to do so.

2) 원심의 판단 원심은, 피고인은 ‘ 글씨 좀 이쁘게 잘 써라’ 고 하면서 툭 건드린 것이라고 변소하고 있는 점, C은 피고인으로부터 뺨을 1대 맞은 사실...