All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although it was true that the defendant committed each act as stated in the facts charged against the victim who is a child, the defendant did not commit a physical act that may injure the victim's body or physical health and development with the intention of child abuse, and the defendant's act constitutes legitimate act under Article 20 of the Criminal Act as a reasonable exercise of the right of disciplinary action, but the court below found the defendant guilty of all the facts charged in this case. Thus, the court below erred by misapprehending the legal principles or misconception

B. The lower court’s sentence against the Defendant by the Prosecutor (one million won in penalty, one million won in penalty, and one deferred sentence) is too unfluent and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The lower court determined that the body of the victimized child was adversely affected by the exercise of the Defendant’s tangible force in light of the physical conditions of the victimized child and the degree of the Defendant’s exercise of physical force

Based on the judgment, the defendant was pronounced guilty.

B. Article 3 subparag. 7 of the Child Reinstatement Act provides that “The term “child abuse” means “the act of an adult, including a protected person, doing physical or sexual violence or cruel acts that may harm the child’s health or welfare or impede the normal development of the child, and the abandonment or neglect of a child by his/her protector,” and Article 17 subparag. 3 of the same Act provides that “the act of physical abuse that may harm the child’s body or injure the physical health and development of the child” is prohibited.

On the other hand, the crime of school hostile under the Criminal Act is interpreted to be not sufficient to simply infringe upon the other party's personality, and at least to correspond to abandonment. However, the crime of school hostile under the Criminal Act is subject to protection of a person who is protected or supervised by setting the life and body as his/her legal interest, while the child welfare law is a child's health.