The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1 committed an act in the facts charged against the victimized child; however, there was no intention of child abuse, and it was committed for the purpose of giving a decoration to theless and excessive speech and behavior of the victimized child, and constitutes a justifiable act, which is a ground for excluding illegality.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous as it erred in fact.

2) The punishment of the lower judgment that was unfair in sentencing (in the amount of KRW 3 million, and 40 hours after completing the child abuse treatment program) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Article 3 subparag. 7 of the Child Uniforms Act on the Defendant’s assertion of misunderstanding of the fact defines “child abuse” as “a physical, mental, or sexual violence or cruel acts that may harm the child’s health or welfare or that may impede the normal development of the child, and that the child’s guardian abandons or abandons the child.” Article 5(2) of the same Act provides that a child’s guardian shall not inflict any physical pain or verbal abuse, etc. on the child, and Article 17 subparag. 3 of the same Act lists “the child’s guardian, etc. is liable to do so,” and Article 17 subparag. 3 of the same Act lists “the child’s physical abuse or physical abuse that may injure the child’s health and development.”

In full view of various circumstances, such as the age at the time of the instant victimized child’s exercise of force, the motive, background, means and method of the Defendant, and the degree of the use of force, which are acknowledged by the evidence duly adopted and investigated by the lower court and the trial court, each act recorded in the facts constituting “an act of physical abuse, which may cause physical harm to a child or may injure the physical health and development of a child” prohibited by the Child Welfare Act, and the intent is sufficient.