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The prosecutor's appeal is dismissed.
Reasons
1. According to a child expert who analyzes a CD of CCTV video recordings (hereinafter “the instant video recordings”) with the prosecutor’s grounds of appeal (misunderstanding the facts), it is necessary to improve the method of discipline, such as the appearance of the Defendant getting up or getting up a child while the Defendant took a strong force in the course of suppressing a child at the time of raising the child, and the act of getting up or getting up a child with a child constitutes physical abuse that undermines the physical health and development of the child’s body; and the Defendant’s work at a child-care center operated by him/her.
H made a statement to the effect that the Defendant was saved in the same manner as the other child when the victimized child was saved, and the mother of the victimized child E stated to the effect that the victimized child was saved by witnessing to conduct saves since the victimized child was not a child-care center, and that the above act of the Defendant was affected by the victimized child, which can be evaluated as abuse. In full view of the following, the Defendant’s act of throwing toy in the same way as the victimized child, the act of saveing the child’s vessel, the act of saveing the child’s face, etc. constitutes physical abuse.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not-guilty verdict on all the charges of this case.
2. Determination
A. The prosecutor of the amendment of the indictment requested the amendment of the indictment to add the charges of violation of the Child Uniforms Act (child abuse) due to physical abuse (child abuse) committed by the court below not guilty as to the charges of violation of the physical abuse (child abuse) as the primary charges, and applied for the amendment of the indictment to the effect that the charges of violation of the Child Uniforms Act (child abuse) due to emotional abuse (child abuse) were added as follows. This court permitted this to be added to the charges
(b) primarily;