The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The fact that the Defendant, by mistake of fact, included the victim in the physical speed, was recognized, but it was only the part of the survival swimming education, and thus, it cannot be deemed that the Defendant had the intention of abuse or the Defendant’s behavior constitutes abuse.

Nevertheless, the lower court erred by misunderstanding the facts charged in this case and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the Prosecutor maintained the previous facts charged as to the violation of the Act on the Punishment of Children’s Uniforms (Child Abuse) at the trial of the party, and maintained the applicable provisions of the Act as the primary facts charged, thereby engaging in physical abuse that may injure the body of the Defendant or injure the physical health and development of the body.

As a result, the Defendant committed emotional abuse that harms the mental health and development of a child.

The judgment of the court below is no longer able to maintain, as the subject of the judgment was changed by this court's permission to add the ancillary charges.

However, even if there are grounds for reversal of authority above in the judgment below, the defendant's assertion of mistake as to the part which was the primary charge due to the addition of the conjunctive charge is still subject to the judgment of this court, which will be examined below.

3. Judgment on the Defendant’s assertion of mistake of facts

A. Article 1 of the relevant legal doctrine provides for the purpose of guaranteeing the welfare of a child so that the child can be born healthy and grow up happy and safely. Article 17 of the Child Welfare Act provides for the following: