The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) lies in the fact that the defendant takes the victim into a toilet as stated in the facts constituting the crime in the judgment below, but only took the victim's petition and look at his room after the victim, and not taken the victim into a toilet with the intent to abuse the victim, and such an act cannot be deemed as an abuse.

2. Determination

A. Article 17 of the Child Uniforms Act provides for “an act of abuse that causes damage to a child’s body” as prohibited against a child under subparagraph 3, and separately provides for “an act of emotional abuse that causes harm to the mental health and development of a child” under subparagraph 5. However, an act that does not cause harm to the mental health and development of a child among the acts that cause damage to the child’s body cannot be presented, and in light of the language and text of each of the above provisions, the act under subparagraph 5 refers to an act of emotional abuse or physical form that does not entail the exercise of tangible power, but does not reach the physical damage.

In this context, the term “ emotional abuse that causes harm to the mental health and development of a child” includes not only a case where the mental health and the normal development of a child is practically impeded but also a case where the risk or possibility of causing such a result arises. It is not necessarily recognized that the purpose or intent of emotional abuse against a child is not required, but it is sufficient to recognize the risk or possibility of undermining the mental health and development of a child due to his/her own act.

The Supreme Court Decision 2015Do13488 Decided December 23, 2015 (see, e.g., Supreme Court Decision 2015Do1348, Dec. 23, 2015). In full view of the legislative purpose (Article 1) and basic ideology (Article 2(3)), and Article 3 subparag. 7 and Article 17 subparag. 5 of the Child Welfare Act, emotional abuse prohibited under the Child Welfare Act is included in mental violence.