The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles have contacted the body part of the victimized children, but the Defendant’s act does not objectively fall under “an act of physical abuse that may harm the body or injure the physical health and development of the victimized children,” and the Defendant, who was aware of the victimized children, was naturally committed while taking care of the victimized children, and thus did not have any intent to commit child abuse against the Defendant. 2) The punishment (five million won of a fine) sentenced by the lower court of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Article 3 subparag. 7 of the Child Welfare Act provides that “child abuse” means “child, including a guardian, does harm to the health or welfare of a child or commits physical, mental and sexual violence or cruel acts that may impede the normal development of a child, and abandons or neglects a child by a child’s protector.”

Article 17 of the Child Welfare Act provides for a child’s prohibited act. Article 17 of the same Act provides for a child’s prohibited act. Article 3 subparag. 5 of the same Act provides that “The act of physical abuse that may cause damage to a child’s body or harm to the health and development of the body,” subparagraph 5 of the same Article provides that “the act of emotional abuse that may cause harm to the mental health and development of a child,” and subparagraph 6 of the same Article lists “the act of neglecting a child under his/her protection and supervision or neglecting his/

Article 71 (1) 2 of the Child Welfare Act provides that a person who falls under any of subparagraphs 3 through 8 of Article 17 of the Child Welfare Act shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.

On the other hand, Article 17 of the Child Welfare Act is a prohibited act against children, No. 3.