The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have abused the victimized child as stated in the facts charged of the instant case.

(b) Sentencing (the sentence of the court below: Imprisonment with prison labor for six months and two years of suspended execution).

2. Determination

A. (1) As to the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in light of the spirit of substantial direct psychologicalism adopted by the Korean Criminal Procedure Act.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court.

B) Article 3 Subparag. 7 of the Child Reinstatement Act provides, “The act of a person including a protected person doing physical, mental or sexual violence or cruel acts that may harm the child’s health or welfare or impede the normal development of the child, and the child’s guardian abandons or abandons the child.” Article 17 Subparag. 3 of the same Act provides, “The act of a person who causes physical harm to the child’s body or undermining the health and development of the body.”

Meanwhile, in the Criminal Act, it is interpreted that the crime of school substitute is not sufficient to simply infringe upon the other party's personality and at least to correspond to abandonment. However, while the crime of school substitute under the Criminal Act is subject to the protection of a person who is protected or supervised by putting his/her life and body as a legal interest, the child welfare law provides that the child's health and welfare is its legal interest (Article 1 of the Child Uniforms Act), and only those under the age of 18 are subject to the protection.