The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (one year and six months of imprisonment, two years of suspension of execution, observation of protection, community service, 120 hours, and 40 hours of lectures to prevent child abuse) is deemed to be too uneasy and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor.

In the trial of the case, the prosecutor applied for changes in the indictment to add Article 40 of the Criminal Act to the provisions of the applicable law among the indictments in this case, and since this court permitted this, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses against the relevant crime; Article 71 (1) 2 and Article 17 subparagraph 3 and 5 of the Child Welfare Act;

1. Articles 40 and 50-1 of the Criminal Act of the ordinary concurrent crimes; and

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 8 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses [Scope of Recommendation], the general standard for sentencing under Article 2 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (a serious abandonment or abuse) [a year-2 years] [a person subject to special mitigation (including a serious effort for recovery of damage)] / Where a person is committed against multiple victims or repeatedly for a considerable period of time, child abuse under Article 7 of the Punishment of Child Abuse Crimes Act.