The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant’s act of having the victimized child take a book and official responsibility for the victimized child and let the victimized child take about six minutes as stated in the instant facts charged constitutes emotional abuse subject to punishment under the former Child Welfare Act (amended by Act No. 1102, Aug. 4, 201; hereinafter “former Child Welfare Act”).

Nevertheless, the court below acquitted the defendant on the grounds that it is difficult to regard the defendant's act as an emotional abuse against the victim, and it is difficult to regard it as an intentional abuse. The court below erred by misapprehending the legal principles on emotional abuse, thereby affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person who served as a nursery teacher at the D Child Care Center located in the Jeonju-gun C from March 2, 2011 to May 17, 2012.

On May 14, 2012, the Defendant committed emotional abuse that harms on the mental health and development of the victimized child by allowing the victimized child to look at the victimized child for about six minutes, on the ground that the victimized child E (n, four years of age) continues school problems.

B. In full view of the legal principles and various circumstances as stated in the judgment, the court below sentenced the defendant not guilty on the grounds that it is difficult to regard the defendant's act as an emotional abuse against the victim, and it is difficult to see it as an intentional abuse. In light of the reasoning of the judgment below's acquittal, a thorough examination of the reasoning of the judgment below is conducted with the records, the judgment of the court below is just and acceptable.