The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (misunderstanding of facts), the victim E’s legal statement in the court below, F’s investigation agency and the court below’s legal statement, the victim E’s body photographs, and the copy of treatment straw, the court below acquitted the defendant of the facts charged in this case, although it can be recognized that the defendant inflicted an injury upon the victim E’s launching floor with the huge width. The court below erred by misapprehending the facts, which affected the conclusion of the judgment

2. 이 사건 공소사실 피고인은 2013. 9. 9. 경 서울 동대문구 C에 있는, 피고인이 보육교사로 근무하는 D 어린이집에서, 피해자 E( 여, 3세) 가 말을 듣지 않는다는 이유로 막대기로 피해자의 왼쪽 발바닥을 때려 벌겋게 멍이 들게 하여 피해자에게 치료 일수 미상의 상해를 가하였다.

As a result, the Defendant committed abusive acts that inflict bodily harm on the child.

3. The lower court determined that the facts charged in the instant case constituted a case where there is no proof of facts constituting the crime, and sentenced the Defendant not guilty on the following grounds.

The part of the statements made by E in investigative agencies and courts of E's mother F's statements corresponds to the facts charged in this case.

However, this is a protocol stating the full text or full text of the statement to the effect that those who made a statement to the effect that they had ‘when they made the Defendant’ from E.

A protocol in which the above expert testimony or the expert testimony was written is inadmissible in principle in accordance with the provisions of Article 310-2 of the Criminal Procedure Act, and is not a state in which E is unable to make a statement by the original person, but it is not exceptionally admitted as evidence in the instant case.

Therefore, they cannot be admitted as evidence to acknowledge the facts charged in the instant case.

E is a child born from G, and i) E made a statement to the effect that “H’s life was created” in dialogueing F on September 12, 2013 with F on September 15, 2013, and around 2:55 on September 23, 2013.