The prosecutor's appeal is dismissed.

1. As the credibility of the statement by the victimized child of the summary of the grounds for appeal is recognized, and there is sufficient circumstantial evidence, the facts charged in the instant case are found guilty, but the lower court erred by misapprehending the legal principles on the facts charged.

2. Determination

A. According to the evidence submitted by the prosecutor, the lower court’s judgment 1) is as follows: (a) G son from March 4, 2014 to E Child Care Center; (b) the Defendant was in charge of the Defendant’s son’s son’s son’s son from August 4, 2014; (c) the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s son’s son’s son’s her son’s son’s son’s son’s her son’s son’s son’.

한다‘, ’ 입가가 부풀어 올랐다‘, ’ 뭐라고 혼내며 맴매를 해요 ‘라고 기재한 사실, ⑤ 위 I과 H가 2015. 2. 10. 저녁에 피해자의 얼굴에 상처가 있고 배에 붉은 점이 있는 것을 발견하였고, 피해 자가 ’ 선생님이 꼬집고 가위로 찔렀다‘ 고 말하여, H가 같은 날 저녁 경찰에 아동 학대를 신고한 사실, ⑥ 2015. 2. 12. 실시된 경찰 조사에서 피해자가 “ 난 나니 가 꼬집었어 ”라고 말하였고, H가 2015. 3. 4. 촬영한 동영상에 피해 자가 피고인의 사진을 보며 “ 난 나니 ”라고 말한 사실 등을 인정할 수 있어, 피고인이 피해자를 신체적으로 학대하였다는 의심은 든다.

2) However, the facts charged in a criminal trial must be proved by the prosecutor, and the judge shall be fair.