The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (the violation of the Child Welfare Act in the judgment of the court below) is nothing more than exercising a somewhat tangible power in the process of taking a water surface inducement attitude to lower the target child. Although the Defendant’s act does not constitute physical abuse as prescribed by the Child Abuse Act, the court below’s judgment convicting the Defendant of this part of the charges is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The sentence of the court below of unfair sentencing (the fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

(a) No person of the gists of this part of the facts charged shall commit physical abuse against a child or injure his/her physical health and development, and emotional abuse that may injure the mental health and development of a child;

Nevertheless, from February 13:43 to 13:46 on February 9, 2017, the Defendant: (a) in the “E” group of the said C Child Care Center from around 13:3 to around 13:46, the Defendant: (b) placed the victim F (ma) who is a child in child in childcare; (c) placed the victim’s arms in order to avoid getting out of the lower lock; and (d) placed the victim’s arms on the top of this string, and divided the victim’s hacks and hacks into two hacks.

Accordingly, the defendant committed physical abuse against the victim.

B. Determination 1) The term “child abuse” means doing harm to a child’s health or welfare or committing physical, mental, or sexual violence or cruel acts that may impede normal development of a child, and where a child’s protector abandons or abandons the child (Article 3 subparag. 7 of the Child Welfare Act, which is listed as a prohibited act under Article 17 subparag. 3 of the Child Welfare Act, “an act of abuse that causes damage to a child’s body” refers to an act that causes harm to the child’s body or physiological function by exercising the physical force against the child’s body.