We reverse the judgment of the court below.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In order for the victim to be displayed out of the classroom, the defendant of mistake of facts only 3 times in the victim's jackets and scams, and scams with the victim's head by using the scams and scams and scams three times, and did not go against the victim's head after the victim's head.

B. The above act of the defendant constitutes a legitimate exercise of disciplinary authority against the students of teachers and constitutes a justifiable act.

C. The punishment of the lower judgment on unreasonable sentencing (the first instance judgment: the fine of KRW 500,00,000, and the second instance judgment: the fine of KRW 2 million) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The court of the first instance decided to consolidate each appeal case against the original judgment.

However, since each of the judgments of the court below against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, in the event that the concurrent crimes are judged at the same time, one of the concurrent crimes should be sentenced within the scope of punishment aggravated under Article 38 of the Criminal Act.

Therefore, the decision of the court below cannot be upheld as it is.

However, since the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, this is judged separately below.

B. Determination of misunderstanding of facts and misapprehension of legal principles (1) The facts charged and this part of the judgment of the court below are as follows: “The defendant assaulted the victim, who was under art classes at the fourth and fourth class class class class class of the C elementary school in Suwon-gu, Suwon-si, Suwon-si, at around 11:45 on October 16, 2013, while the victim J (10 years of age) was going out of the classroom because it is difficult to her back and left the classroom during the class. However, although the victim did not come out of the classroom, the victim was her seated, and the victim was her seated, and the victim was her seated with the seat of the seat of the victim.”