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The judgment of the court below is reversed.
Defendant
B shall be punished by a fine of two million won.
The above defendant did not pay a fine.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts cannot be deemed to have caused harm to the mental health and development of the victim by the same act as the facts charged in this case. Defendant A was not negligent in giving due attention and supervision to prevent child abuse against Defendant B. Therefore, the judgment of the court below which found Defendant A guilty of all the facts charged in this part of the charges is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The punishment of the court below (the fine of KRW 2,00,000) sentenced by the court below against the Defendants is too unreasonable.
B. The lower court’s sentence (a fine of KRW 2,00,000) imposed on the Defendants is too unfasible and unreasonable.
2. Ex officio determination
A. Article 40 of the Criminal Act is added by the prosecutor of the Amendments to Bill of Indictment in the trial of the party, and Article 1 of the facts charged is the first one.
subsection (1)
B. (1) As stated in paragraph (1)(A), an application for amendment to a bill of amendment was filed, and the judgment of the court below was no longer maintained as the subject of the judgment was changed by this court’s permission.
B. The summary of the facts charged is the F Child Care Teachers of the F Child Care Center in the Gu and the defendant A, as the head of the F Child Care Center in the Gu and the head of the F Child Care Center, shall not commit emotional abusive acts detrimental to the mental health and development of the child.
1) On September 25, 2013, the Defendant: (a) around 11:12 on September 25, 2013, at the F Child Care Center G classroom, the Defendant: (a) carried the victim’s H (three years of age) who was sitting on the floor while running a school was unable to understand the contents of the class; (b) pushed the victim into the right edge; (c) on September 12:39 of the same day, the victim was sicked to the right edge of the victim on the ground that the victim was staying solitaryly, and (d) on September 26, 2013, on September 28, 2013, the Defendant stated “I son A son A son A son A son” on the log of the victim’s mother on the following day on September 26, 2013.