A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant worked as a school teacher after physical education in the rhym of the C Elementary School located in Sungnam-gu, Sungnam-si, and the victim D (V, 10 years of age) is a student who hears after physical education.

The Defendant committed physical and emotional abuse to the victim two times in total, as shown in the attached list No. 16 and 17, at the same time, and committed the above physical abuse to the victim, and at the same time, the victim suffered bodily injury, such as the impairment of the character of the two feet, the straw, which requires medical treatment for five days.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A written statement of D (72 pages of investigation records);

1. Each medical certificate and written confirmation of medical treatment (426 pages of investigation records);

1. Application of D’s statement statutes contained in CD video works;

1. Articles 71(1)2 and 17 subparag. 3 of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); each former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); Article 71(1)2 and Article 17 subparag. 5 of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); Article 257(1) of the Criminal Act (hereinafter referred to as “injury”).

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (limited to a violation of the Child Uniforms Act due to a physical abuse and a crime of injury);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant and his/her defense counsel’s assertion under Article 8(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes by Order to Attend Education or Order to Attend Community Service

1. The criminal facts stated in the summary of the defendant's and defense counsel's assertion are merely guidance and guidance conducted rhythm, and cannot be deemed as abuse under the Child Welfare Act, or the defendant did not commit the above act. The injured child's injury is not related to the defendant's act, and the defendant's act is a legitimate act that does not go against the social norms.

2. The judgment of this Court.