The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not have committed a mistake on the part of the victim E’s head due to drinking.

2) Even if a misunderstanding of the legal doctrine committed physical abuse, such as when the Defendant was placed at the victim’s head, such act was conducted for the purpose of decoration so that the victim may have a proper eating habits as a child care teacher, and thus, it does not violate the social rules.

3) The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

B. The judgment of the court below which acquitted the Defendant of the emotional abuse in spite of the establishment of both physical abuse and emotional abuse as to the Defendant’s crime 1 by misapprehending the legal principles, is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant served as infant care teachers from July 2015 to the “D Child Care Center in Seo-gu, Gwangju.”

At around 12:45 on May 23, 2016, the Defendant committed physical abuse that damages to the body of the victim or damages to the physical health and development of the body of the victim by making the victim as a toilet in the classroom, with the victim E (hereinafter referred to as 4 years old) late drinking, on the ground that the victim E (hereinafter referred to as “I am soon bling”) was in a classroom, and as a drinking, made it possible for the victim to take part in the head part of the victim’s school, and by drinking, the Defendant committed physical abuse that damages to the victim’s body or damages to the physical health and development.

B. According to the evidence duly admitted and examined by the court below, the fact that the defendant was at the time of the instant case’s taking the victim as a toilet in the classroom with a large amount of interest, and was at the time of drinking the victim’s head.

However, considering the background, method, and degree of the defendant's act of causing damage to the victim, the evidence submitted by the prosecutor alone causes damage to the victim's body or physical health and development.