All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding of facts (as to the part of the crime), that Defendant made physical contact to the extent that he had a shoulder, hand, etc. to correct the attitude of the victim while running the computer training. However, there is no fact that Defendant was a victim as described in each of the facts charged in this part.

B) The Defendant’s act does not constitute physical abuse that may harm the physical health and development of the victim. Since the Defendant’s act was for the purpose of punishing the victim, there was no intention of physical abuse on the part of the Defendant. 2) The lower court’s punishment of unreasonable sentencing (fine 800,000) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1 of the court below found that the defendant committed physical abuse against B, as stated in the facts charged, on December 13, 2016 or on the first order or the second order of December 2016, 2016. However, the judgment of the court below which acquitted the Defendant of this part of the facts charged, on the contrary, is erroneous in the misapprehension of legal principles. 2) The above sentence of the court below is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. Article 17 of the Child Welfare Act provides for “physical abuse that may injure a child’s body or injure a child’s physical health and development” as a prohibited act against a child. Here, “physical abuse that may injure a child’s physical health and development” includes not only cases where the child’s physical health and normal development are impeded but also cases where the child’s risk or risk of causing such a result arises. It is sufficient to recognize that there is a risk or risk of undermining the child’s physical health and development, rather than for one’s own act, rather than for recognizing that there is a risk or risk of undermining the child’s physical health and development.

Supreme Court Decision 2015Do13488 Decided December 23, 2015