The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) The criminal facts recognized by the court below in the misconception of facts include the Defendant’s non-indicted behavior, and the causal relationship is different from the fact. The Defendant was committed by the victim, and the victim did not listen to the victim’s face on the day of the instant case and did so so, and the Defendant’s act does not constitute child abuse. 2) The sentence of the court below against the Defendant in unfair sentencing (a fine of three million won, order to complete a program, 40 hours) is too unreasonable.

B. The lower court’s above sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unfair.

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

Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; Act No. 1589, Dec. 11, 2018; hereinafter “Child-Related Institutions”) stipulates that a person who was sentenced to punishment or medical treatment and custody for committing a child abuse-related crime shall not be able to operate the facilities or institutions (hereinafter “child-related institutions”) or provide employment or actual labor to the child-related institutions, and uniformly sets the period during which it is impossible to provide its operation, employment or actual labor (hereinafter “employment restriction

However, Article 29-3 of the Child Welfare Act (amended by Act No. 1589, Jun. 12, 2019), which was enforced as of Jun. 12, 2019, provides that when a court declares a sentence or a medical treatment and custody for child abuse-related crimes, it shall, by judgment, sentence a child-related institution to operate the child-related institution during the employment restriction period, or to prohibit the employment or actual labor to the child-related institution (hereinafter “employment restriction order”), at the same time as the judgment of the case related to child abuse-related crimes: Provided, That there are special circumstances where the risk of recidivism is remarkably low, or otherwise