The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won of punishment, and 40 hours of demotion for the prevention of recidivism by child abuse) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is acknowledged as follows: (a) the Defendant, a child care teacher, committed physical abuse with the victim E, who was a child, for about two weeks of injury requiring treatment; (b) the instant crime committed emotional abuse by preventing the said victim from drinking the mixed food or meals on several occasions; and (c) the said victim did not have any such an act of emotional abuse; and (d) there is no agreement with the victim up to the trial of the first instance with the victim or having not received any employee from the victim.

However, it is important that the defendant recognized the crime of this case and reflected the mistake in depth, the first offender, the deposit of KRW 5 million for the victim, and the degree of abuse.

In addition, comprehensively taking account of the fact that it is difficult to see the circumstances leading to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is too uneasible and it is not deemed unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[Provided, however, Articles 71(1)2 and 17 subparag. 3 of the Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017); Articles 71(1)5 and 17 subparag. 5 (amended by Presidential Decree No. 2) of the Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter the same) of the “the applicable provision of the Act and the choice of punishment for the crime of 1.0” among the application of the lower judgment, “Article 71(1)2 and Article 17 subparag. 3 of the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017)”