The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. Although Defendant 1’s act of mistake or misapprehension of the legal principle does not constitute a child abuse as prescribed by the Child Uniforms Act, the court below found Defendant 1 guilty of the facts charged in this case and erred by misapprehending the legal principles or misconception of facts.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. An ex officio determination prosecutor conducted an act of physical abuse in this Court, which resulted in the Defendant’s physical damage to a child’s body or harm to the physical health and development of the child at least three times in total.

“The Defendant committed emotional abuse that may injure the mental health and development of children three times in total.” (No. 10, 11 of the indictment No. 2)

It changed to “Article 17 subparag. 3 of the Child Uniforms Act” and applied the applicable law to “Article 17 subparag. 5 of the Child Uniforms Act” and applied for permission of changes to “Article 17 subparag. 5 of the Child Uniforms Act,” and the judgment of the court below was no longer maintained as the case was changed by this court permitted.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court within the scope of the modified facts charged.

3. Judgment on the misapprehension of the legal principle or mistake of facts

A. The summary of the revised facts charged is the child care teacher who has grix in the E-child childcare center D in Jung-Eup.

1) On February 1, 2016, the Defendant: (a) around 10:05, around the 10:05 year in the instant E Child Care Center, fested the victim F (ma) gracks around the frack, and fracked the victim’s fracks on the brack frack, and fracked the victim’s fracks around the frack.

2) On February 2, 2016, around 09:47, the Defendant pushed the victim F’s left side her son who was flick in the above E-child care center without any particular reason.