The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (in fact and misunderstanding of legal principles), the Juvenile Protection Act, the Ministry of Gender Equality and Family’s notification, etc., a business establishment prohibited business in an educational environment protection zone is a business establishment that installs toilets, etc. within “a facility partitioned by a smuggling, sealed space or partitions, etc. or similar facilities” and installs bedclothes, etc., and “a business that is likely to engage in sexual intercourse or similar acts” after installing them. The court below acquitted the facts charged in this case even though the business type of the business establishment of this case can be deemed to be a business type that is likely to engage in sexual intercourse or similar acts in light of the type of facilities known by evidence, etc. of the business establishment of this case.

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be made even if there is a suspicion of guilt against the defendant.

In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination as prescribed in the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, it is erroneous in the judgment of the first instance court that there is insufficient proof of crime.