The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the defendant faithfully performed the duty to supervise child care teachers to prevent child abuse as the head of a child care center. Nevertheless, the judgment of the court below that the defendant failed to perform the above duty is erroneous in misunderstanding of facts.

2. Determination

A. The summary of the facts charged in the instant case is that A worked as night infant care teachers at D childcare centers located in Si/Gu from May 2017 to Si/Gu (hereinafter “instant childcare centers”), and the Defendant is the head of the said childcare center.

No one shall commit any emotional abuse against a child that may injure his/her body, injure his/her physical health and development, or injure his/her mental health and development.

On February 26, 2018, A committed physical and emotional abuse against a child, such as assaulting the body of the victimized child three times by considering the body of the victimized child on the ground that the victimized child E (n, five years of age) does not listen to the horses at the child care center, and putting the victimized child into play in an enclosed space by force.

A, around 20:15 on February 27, 2018, at the above child care center, the victim F (six years of age) was fleeped into the house and tried to go out of the entrance of the child care center by force after two times the body of the above victim was flicked, and the victim was flicked by hand, and when the above victim escaped, the above victim was flicked into the front seat of the above victim and flicked into the front seat of the above victim, the above victim was flicked into the front seat of the above victim, the above victim was flicked on one occasion, and the head part was flick at one time, thereby impairing the body of the child, or undermining physical health and development of the body. At the same time, the above F's act of abuse was committed by having the victim E, who is the flick, witness the victim by assaulting the F.