Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a public official in education who is in office as a sports teacher in the field C, which is located in Chungcheongnam-gu, Chungcheongnam-si.

On March 2018, the Defendant: (a) had a child victim D (Nam, 10 years of age) do dancing on the wall and carried out a gym classes for the four-year students in the Hosan C Class 3 as a gymnasium; (b) had him/her do the gymnasium, and (c) had him/her do the gymnasium on his/her head.

After that, the Defendant committed emotional abuse that harms to the mental health and development of the victimized child under 18 years of age by making two times the head of the victimized child who was far away from about 3 meters, as they had been administered in the open competition.

In addition, from that time until May 3, 2018, the Defendant committed emotional abuse that harms the mental health and development of victimized children under 18 years of age through the same method six times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement recorded CD in F, D, and G;

1. The police statement of H;

1. A copy of a personal survey document of 4-4 Ban; and

1. Copy of individual working matters;

1. Application of statutes on school life records;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 5 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each selective fine for punishment;

1. Determination as to the defendant and his/her defense counsel’s assertion among concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. The act of the defendant in his/her claim constitutes a legitimate discipline or guidance which is permissible by social norms;

2. Relevant principles;

A. Article 17 of the Child Welfare Act provides for "an act of abuse that causes damage to a child's body" in subparagraph 3 due to a child's prohibited act and separately provides for "an act of abuse that causes damage to the child's mental health and development" in subparagraph 5.