The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the suspension of the execution of imprisonment for six months and the participation in the course of two years and forty hours in the course of child abuse prevention) declared by the court below is too unreasonable.

2. Before determining the Defendant’s assertion of unfair sentencing ex officio, prior to the judgment on the Defendant’s assertion of unfair sentencing, the record reveals that the Defendant appealed on August 17, 2018 at the Ulsan District Court sentenced one year to imprisonment with prison labor for the crime of destroying and damaging special goods (2018No302 case), but the Defendant was sentenced to dismissal on November 2, 2018 at the Ulsan District Court (2018No860 case) and the Defendant appealed on January 2, 2018 (2018No860 case). The Defendant appealed on January 4, 2019 and became final and conclusive on the same day by the Supreme Court (2018Do18311 case). Since the crime of violating the Child Welfare Act (child abuse) in violation of the judgment of the lower court against the Defendant is a concurrent relationship between the above crime of destroying and damaging special goods for which the judgment has become final and conclusive at the same time and the latter part of Article 37 of the Criminal Act has to be mitigated or exempted from punishment, the lower judgment is no longer determined.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after pleading.

[Grounds for the judgment of multiple court] The summary of facts constituting a crime and evidence recognized by this court is changed to the first part of the reasoning of the judgment of the court below that "the defendant is the relative of the victim B (the age of 16), the defendant is sentenced to one year for imprisonment with prison labor for the crime of special property damage, etc. at the Ulsan District Court on August 17, 2018, and is still pending in the court of final appeal." "The defendant is the relative of the victim B (the age of 16), and the defendant was sentenced to one year for imprisonment with prison labor for the crime of special property damage, etc. at the Ulsan District Court on August 17, 2018, and the above judgment was finalized on January 4, 2019."