The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, even though it can be sufficiently recognized that the defendant committed emotional abuse affecting the mental health and development of victimized child E, the court below accepted only the defendant's lawsuit and rendered a judgment on not guilty of the facts charged in this case. The court below erred by misapprehending the legal principles and misunderstanding of facts.

2. No person who is the summary of the facts charged in this case shall commit emotional abuse against a child that may injure his/her mental health and development;

Nevertheless, at around 12:3 on May 13, 2015, the Defendant: (a) placed the victimized child E (here, 21 months) at “D Child Care Center” where the Defendant was employed as a child care teacher on May 13, 2015; (b) placed the debris back to the cover of the victimized child into the cover of the entrance of the victimized child; and (c) committed emotional abuse that causes damage to the mental health and development of the victimized child by taking the hand of the victimized child into a mixed state for about 40 minutes.

3. The lower court determined that the Defendant’s action is somewhat inappropriate as an infant care teacher in light of the following circumstances after comprehensively taking account of the evidence adopted by the lower court.

Although it can be seen, it is difficult to view that the victimized child has reached the emotional abuse that harms the mental health and development of the victimized child, and there was an intentional act of abuse against the Defendant.

In addition, it is difficult to see it, and on the ground that there is no evidence to acknowledge it, the facts charged of this case was acquitted.

① The victimized child was not mixed with boomed at the age of 21 months at the time, and it seems that the Defendant directly boomed the victimized child, thereby drinking it to the victimized child.

In this regard, if we look back to young children such as normally victimized children as debris, we will see the debris in order to keep boomed.