A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not have any intention to engage in emotional abuse of victimized children against the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (an aggravated punishment of child abuse by a child welfare facility employee, etc.). In particular, the Defendant’s act of October 24, 2016 and October 26, 2016 constitutes an act of assaulting for the purpose of correcting victimized children, which constitutes a justifiable act that can be accepted by social norms (legal scenarios) and constitutes an act of interference with business, and the Defendant did not delete CCTV images.

(M) 2.2

The punishment sentenced by the court below of unfair sentencing (two years of suspended sentence in six months of imprisonment, 120 hours of community service order, and 40 hours of attending lectures for the prevention of recidivism of child abuse) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (the Punishment of Child Abuse by Workers in Child Welfare Facilities, etc.), the ideology of infant care is that child care should be provided first considering the interests of the infants and that infants can grow healthy in a safe and pleasant environment (Article 3 of the Infant Care Act). Child care teachers and staff shall not inflict physical or mental pain on infants in infant care (Article 18-2 of the Infant Care Act), and teachers and staff shall not inflict physical or mental pain such as high scars and scars (Article 18-2 of the same Act). When educating infants or performing their duties, teachers and staff shall not inflict physical or mental pain on infants (Article 21-2 of the Early Childhood Education Act), unlike education on children and juveniles provided by the Elementary and Secondary Education Act, in light of the fact that infant care teachers and staff do not have any provision related to disciplinary action, in principle, differently from education on children and juveniles provided by the Elementary and Secondary Education Act.