The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor as to the grounds for appeal, it can be sufficiently recognized that the defendant committed physical abuse and emotional abuse against the victimized child.

However, the judgment of the court below which acquitted the defendant shall be erroneous by misapprehending the legal principles.

2. The prosecutor added the ancillary facts charged at the trial as the primary facts charged, and in the name of the offense, “Assault” under the applicable law, “Article 260(1) of the Criminal Act” under Article 260(1) of the Criminal Act, and applied for the amendment of a bill of amendment to which the same content as the stated in the Paragraph 4(a) was added to the facts charged, and this Court permitted this.

Therefore, although there is a change in the scope of adjudication, the prosecutor's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court in relation to the primary facts charged, so this will first be examined.

3. Judgment on the misapprehension of the legal principle as to the primary facts charged

가. 주위적 공소사실의 요지 피고인은 2016. 3. 16. 11:38 경 제주시 C에 있는 D 어린이집 지혜로 운반 교실에서 피해자 E(5 세) 이 교실에서 잠바를 벗지 않고 말을 듣지 않는다는 이유로 피해자를 잡아들고 교실 밖으로 나갔다가 같은 날 12:24 경 피해자를 안고 들어와 교실 구석에 던지듯 내려놓고, 피해자의 잠바를 피해자의 얼굴에 던진 후 발로 피해자의 배 부위를 1회 찼다.

Therefore, the defect that the injured party intends to go out of the classroom, the defendant was able to sit down with the shoulder of the injured party, and the bridge of the injured party cannot be divided. The defect that the injured party intends to go out of the bridge and when the defendant was about to go out of the bridge, the defendant also 4 times the face of the injured party by her hand, and then the injured party is able to take over the two arms of the injured party, and the body of the injured party cannot be put up between the bridge and the body of the injured party.