A. In fact, the Defendant, at the time of the instant case, did not engage in physical and emotional abuse in order to admonish the victimized children who had access to a dangerous place while working as the secretariat of “F Infant Care Center”, and to correct and admonish the victimized children’s wall or violence. However, there was no physical and emotional abuse by recklessly taking the victimized children into account.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the statement, etc. of the victimized children, thereby misleading the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the wrongful victims of sentencing expressed their intent not to have the Defendant punished, the lower court’s sentence that sentenced the community service order for 2 years of suspended execution and 160 hours in 10 months of imprisonment is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, made a concrete and consistent statement as to the following circumstances: (i) victim I, J, and K under investigation by the police and the prosecution; and (ii) the circumstance and method of physical punishment by the Defendant at the time of the instant case; and (iii) the Defendant also made a statement to the effect that the entire crime of the instant case was led to confession and rebuttal; and (iv) the Defendant’s physical and emotional shock against the victims beyond the generally permissible limit in light of the circumstance and level of physical punishment; and (v) it appears that the Defendant’s physical and emotional shock was committed against the victims who were children at the time of the instant case, as stated in the facts charged, not only physical pain and mental shock, but also constitutes abuse that may adversely affect the formation of personality. In full view of the following circumstances, it is difficult to accept the Defendant’s defense that there was no intention of abuse at the time.