The defendant shall be innocent.

1. The Defendant is a child care teacher of the “C” childcare center located in B of the petition-gu, Cheongju-si.

At around 10:38 on November 16, 2017, the Defendant, in the class of the above child-care center D on the ground that the victimized child E (the remaining and the third years old) did not observe the order of priority and did not put the Stick and carried out so, the Defendant left the shoulder of the victim so that the victimized child E (the remaining and the third years old) did not follow the order of priority, and sent it out to the outside of the ward of the classroom, and let the victim go through the victim. From that time, the Defendant neglected the victimized child living up to 11:23, and excluded him from the class.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

2. Determination

A. Article 17 subparag. 5 of the Act on the Punishment of Children’s Child Abuse provides that “ emotional abuse that may cause harm to the mental health and development of a child” refers to an act of emotional abuse or emotional abuse without accompanying the exercise of tangible force, but does not reach physical damage. It includes not only where such act has interfered with the mental health and normal development of a child, but also where there is a risk or possibility of causing such a result (see Supreme Court Decision 2015Do1348, Dec. 23, 2015). In addition, the legislative purpose and basic ideology of the Child Welfare Act; the characteristics of emotional abuse that may have an fatal influence on the child’s personality development; the type of abuse; the legislative system of statutory punishment for punishing the same act of physical and emotional abuse or neglect; the legislative system of the Child Welfare Act and the relevant academic precedents that stipulate that the act of emotional abuse or neglect is identical to that of the child; and the development of the child’s emotional mind and mind at the time of determining the child’s emotional abuse;