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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds for appeal is that the defendant's hand was sealed by the defendant's hand in his/her hand in the course of suppressing the damaged student who operated the computer of the defendant who was sitting in a teacher's computer in his/her class and stored important data, and the defendant's hand was sealed by the defendant's hand in his/her head. Since the defendant's hand was an instruction for educational purposes, it is not contrary to social rules and thus the illegality is dismissed.
2. Judgment on the misapprehension of legal principles
A. According to the relevant legal principles, under the Elementary and Secondary Education Act, a teacher may take disciplinary action when it is deemed necessary for education upon the delegation of the principal of the school, and may take other means if he/she does not take disciplinary action. In other cases, the guidance can be deemed a physical punishment, which is a method of physical pain only when it is inevitable for education. In other words, only the method of discipline and discipline is permitted. In cases where a teacher instructs a student by a method other than disciplinary action, the education needs to be required as well as the case of disciplinary action, and in particular, it is allowed only when it is inevitable for education, and thus, the act of guiding a student for physical and mental pain, especially the act of guiding the student was committed for the purpose of correcting the wrong speech and behavior of the student, and it is impossible to correct other educational means, and the act of guiding the student by the method and degree of the instruction and the act of guiding the student without notifying the student of the character of the instruction or punishment, which results from an objective act of guiding the student without notifying the student of the character of the instruction or punishment.
at the place where there is no other person.