The Prosecutor’s appeal against Defendant A, B, and C and the Defendants’ appeal are all dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s sentence of a fine of KRW 5 million imposed by the lower court against Defendant A is too unreasonable.

B. Defendant B’s penalty of KRW 7 million imposed by the lower court on Defendant B is too unreasonable.

C. Defendant C (1) 1) misunderstanding of facts or misunderstanding of legal principles is committed under the purpose of a decoration, and thus, the crime of this case by Defendant C was not considered as child abuse. However, the judgment below which found Defendant C guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The judgment of the court below on the ground of unfair sentencing by the court below against Defendant C is too unreasonable.

Defendant

D1) Defendant D’s assertion of misunderstanding of facts or misunderstanding of legal principles is a G kindergarten (hereinafter “instant kindergarten”).

Article 74 of the Child Welfare Act cannot be applicable to Defendant D, who is merely the chief director who has established the kindergarten and is not in charge of managing and supervising the kindergarten teachers. Even if Article 74 of the Child Welfare Act is applicable to Defendant D, Defendant D’s performance of the duty of considerable care and supervision to prevent child abuse, such as actively providing child abuse prevention education for the teachers of the instant kindergarten directly or through the president X, constitutes an exemption from liability under the proviso of Article 74 of the Child Welfare Act. Therefore, the lower court’s judgment that found Defendant D guilty by applying the main sentence of Article 74 of the Child Welfare Act is erroneous in misunderstanding of facts or misapprehending of legal principles. (2) The lower court’s allegation of unfair sentencing is unreasonable because it is too unreasonable to impose a fine of KRW 10 million on Defendant D, which the lower court sentenced to a fine of KRW 10 million.

E. Each sentence sentenced by the prosecutor to Defendant A, B, and C is too unfased and unfair.

2. Determination

A. Determination of mistake of facts by Defendant C is based on the Child Welfare Act.