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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 5,00,000 won, and a fine of 3,00,000 won, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (Definite and misunderstanding of legal principles) was merely the head of a child victim’s head to Stockholm once with plastic toys in order to attract the child victim’s attention to string the sound, and the above act did not cause any external and functional change in the body of the child. Thus, it cannot be deemed that the child was physically abused.
In addition, Defendant B is going to put a child victim into a language resting space prepared in advance so that the child victim can voluntarily file a petition according to the advice of the language clinic, etc., and since the child victim continues to observe the child victim while in the language resting space, frys and interactions with the child victim, Defendant B cannot be deemed as having neglected the child victim and emotionally abused it.
Nevertheless, on a different premise, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on the facts charged against Defendant B.
B. According to the CCTV image of a child-care center, the prosecutor 1) misunderstanding of facts (hereinafter referred to as the "defendant A"), the part where the defendant A was released from leaving the child victim into an enclosed space, and the part where the defendant was sealed with the wall, and the part where the body of the child was found on the day of the case, is consistent with the part where the defendant A's physical contact with the child victim. In full view of these circumstances, even though it can be sufficiently recognized that the defendant A committed a physical abuse against the child, such as the facts described in the facts charged, the court below acquitted the defendant A of the facts charged on the defendant B (as to the defendant B, the sentence of sentence of a fine of KRW 3 million) by the court below against the defendant B is too uneased and unreasonable.
2. Determination
A. The defendant B's mistake and mistake of facts.