The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of 500,000 won. The Defendant shall be punished by the said fine.

Summary of Grounds for Appeal

Defendant

misunderstanding of facts (the point of the emotional abuse) is that the defendant did not have a mobile phone and was destroyed by the lost water during the process of cutting off his cell phone, and that the police fright to the wall in the course of resistance by taking the hand on the defendant's hand.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

The mistake of facts by the prosecutor (the fact that the defendant commits physical abuse) is an act that may harm the health or welfare of the victimized children or hinder the normal development of the victimized children.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

On July 18, 2017, the summary of the facts charged regarding the defendant's assertion of mistake of facts is as follows: 22:59 on July 18, 2017, the defendant promulgated the child victim E, who is the friendship of the child victim C and the child victim D, in the defendant's residence located in Sinpo City B, by putting the child victim victim's her friend, "I am a bruth at a restaurant, so I am a brue", and putting the cell phone owned by E and C into the floor, and breaking the cell phone owned by E and C into the floor and destroying the free window with drinking.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

The lower court found the Defendant guilty of this part of the facts charged by taking account of the evidence presented in its judgment.

Article 17 of the Child Welfare Act (hereinafter “Child Welfare Act”) prohibited by subparagraph 5 of Article 17 includes not only cases where the mental health and normal development of a child is hindered but also cases where there is a risk or possibility of causing such a result. It does not necessarily require the purpose or intent of emotional abuse against a child, but it does not necessarily require the mental health and development of a child by its own act.