1. The judgment below is reversed.

2. The sentence shall be suspended against the defendant;

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed by the lower court (a fine of KRW 4 million, and orders to complete child abuse treatment programs) is too unreasonable.

B. Prosecutor: The above sentence imposed by the court below on the defendant is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is recognized that the defendant, who is a child care teacher, committed physical abuse that may harm the physical health and development of the victimized child subject to infant care four times, and that the crime is very serious, and that the victimized child and his parents are likely to suffer from mental shock and wound.

However, when the defendant was in a trial, all of the crimes of this case is recognized and reflected, the parent of the victimized child and the court of the trial agree to pay the 111.5 million won to the victimized child, and the exercise of the defendant's tangible power in this case is very serious.

It is also recognized that there is no intention or malicious abuse, or that there is no other abuse except in the instant case, and that there is no criminal history or economic situation, and that if a fine is finalized against the Defendant in this case, it is impossible to engage in a child care center for 10 years in accordance with the Infant Care Act.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

( long as the appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the disposition). The summary of the facts constituting an offense and evidence.