The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is as follows: (a) the victim clearly stated in the investigative agency that he/she was released from his/her own position once more; and (b) the victim is a child of the age of three and seven months; and (c) the victim's statement that corresponds to the facts charged in the instant case is

In addition, the response of the court below's request for the appraisal of medical records to J is also consistent with the victim's statement that the victim is highly likely to have been exposed to considerable external history.

In full view of the above circumstances, it can be sufficiently recognized that the defendant committed physical abuse by causing the victim to go beyond the victim and causing the victim to inflict bodily injury.

Nevertheless, the lower court found the facts guilty and acquitted the instant charges.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the first instance of trial, a prosecutor shall maintain the facts charged of the existing violation of the Child Welfare Act (child abuse), which the court below acquitted, as the primary facts charged, and applied for amendments to the indictment containing the following facts charged, the name of the crime, and Article 268 of the Criminal Act (Article 268 of the Criminal Act), together with the facts charged and the name of the crime, and the applicable provisions of the Act. The court granted permission.

However, as seen below, inasmuch as this court found the Defendant not guilty of the primary facts charged and found the Defendant guilty of the charges added in preliminary, the judgment of the court below that only the previous primary facts charged can no longer be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts against the primary facts is still subject to the judgment of this court.

B. The summary of this part of the charges concerning the prosecutor's assertion of mistake of facts as to the primary facts charged.