A nonvolatile memory cell is capable of reducing an excessive current leakage due to a rough surface of a polysilicon and of performing even at a low temperature process by forming the first oxide film including a silicon oxynitride (SiOxNy) layer using nitrous oxide plasma and by forming a plurality of silicon nanocrystals in a nitride film by implanting a silicon nanocrystal on the nitride film by an ion implantation method, and a fabricating method thereof and a memory apparatus including the nonvolatile memory cell.