Defendant

1. The part of the lower judgment against the Defendant is reversed.

The defendant is not guilty. The summary of the judgment of innocence is not guilty.

1. Judgment on Defendant A’s appeal

A. Whether the submission of the grounds for appeal is lawful (negative) (1) If a defense counsel is not submitted without submitting the appellate brief and only a defense counsel is submitted after the deadline for submitting the grounds for appeal expires, such submission shall not be deemed lawful and effective grounds for appeal.

(2) According to the records, even if the defendant appealed against the judgment below on August 16, 201, and received a written notification of the receipt of the trial record from the court on September 13, 2018, he/she did not submit the statement of grounds for appeal within 20 days after the deadline for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act. The appellate brief did not state the reasons for appeal even in the petition of appeal, and the attorney Park Jong-sung submitted the statement of grounds for appeal on September 20, 2018, but did not submit the deadline for submitting the statement of grounds for appeal, and it can be acknowledged that the defendant submitted the written statement of grounds for appeal only on April 19, 2019, for which the deadline for submitting the statement of grounds for appeal had not been submitted until then. Thus, the above grounds for appeal cannot be deemed legitimate.

(3) However, the part of the lower judgment against the Defendant is as follows.

Since there are reasons for ex officio investigation such as the statement in the paragraph, it is judged only in accordance with the proviso of Article 361-4(1) of the Criminal Procedure Act.

B. (1) The summary of the facts charged against the Defendant is D Child Care Center C in Namyang-si, Namyang-si, and the victim E (Gain, 4 years of age) is a member of the above sub-committee, and the Defendant is the head of D Child Care Center.

The Defendant committed physical and mental abuse at D childcare centers from November 21, 2016 to December 23, 2016, as stated in paragraph (1) of the facts constituting a crime committed by the Defendant in relation to the Defendant’s business.

(2) 피고인이 아동복지법 제74조 양벌규정의 수범자인지 여부 (소극) ㈎ 아동복지법 제74조...