The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (the imprisonment of 10 months, the suspension of execution of 2 years, and the community service order of 120 hours) is too uneasible and unfair.

2. The crime of this case is deemed to have committed physical and emotional abuse by the Defendant, as a child care teacher of the child care center of this case, by exercising violence against the victim, who was nurtured by the Defendant several times, and the victim was at the time four years of age, so that it is difficult to properly resist such abuse or defend himself/herself, and the crime is not good.

The above abuse is likely to have a negative impact on the formation of the nature of the victim in the future.

The parents of the victim are trying to punish the defendant.

However, the defendant recognized the crime of this case, and is in depth repenting his mistake.

The defendant seems to have committed the instant crime in a somewhat contingent manner in the process of viewing 18 children as infant care teachers at the same time, and the degree of abuse is relatively minor.

The defendant made efforts to recover damage by depositing 4 million won for the victim in the court below.

After committing the crime, the Defendant only had a child-care center work, and is still unable to work in the related fields.

The defendant is the first criminal who has no record of criminal punishment, and the social relationship such as family seems clear.

In full view of the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions as shown in the instant records and arguments, including the circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered.