The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (unfair sentencing: imprisonment of 2 years and 6 months; fine of 10 million won) is too unreasonable.

2. Determination

A. In light of the fact that the crime of this case against Defendant A’s assertion was committed by the Defendant with physical abuse against the victims who are children subject to protection that needs to be protected and considered mentally and physically due to childcare of the child welfare facility, the crime of this case should be punished strictly by the Defendant.

However, on the other hand, the court below's punishment is too unreasonable in light of the fact that the defendant had no record of criminal punishment before, the time of the crime of this case and reflects the mistake, the victims and the victims wanted to take the defendant's wife by mutual agreement with the victims and the defendant, and other various sentencing conditions shown in the records and arguments of this case, such as the background of the crime of this case, the defendant's age, sexual conduct, environment, etc., as the defendant's argument is justified.

B. As to the Defendant’s assertion, there is no past criminal punishment before the Defendant had been imposed, the fact that the Defendant committed the instant crime at the time of and against the mistake, and that the Defendant agreed with the victims at the time of the first instance trial is favorable to the Defendant.

On the other hand, although the defendant was the head of a child welfare facility and has a considerable duty of care to protect the family, the crime of this case is a case that did not prevent abuse due to his negligence in managing and supervising A, and the crime of this case is not less vulnerable to the nature of the crime, and the victims of her age are deemed to have suffered considerable mental impulse due to A's abuse.

In full view of the above circumstances and other circumstances, the lower court’s punishment is to be imposed, taking account of various sentencing conditions as shown in the records and arguments of the instant case, such as the background of the instant crime, the Defendant’s age, sex, and environment.