The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the business providing the service that is likely to engage in physical contacts, exposure to the portion of secret, or other similar acts between unspecified persons; or (b) the business that provides the service that is likely to engage in such sexual contact, such as exposure to the part of secret, etc.; and (c) the business type determined by the Juvenile Protection Committee and publicly notified by the chief of female family members, is likely to be deteriorated or likely to engage in the act of long sex or similar sexual intercourse; (d) the business type of the instant marina business operated by the Defendant is a type of business, the physical contact of which is inevitable; and (e) the business type of the instant marina business is inevitable to be made; and (e) it appears that the marina business place of the instant marina business would be the business type in which the customer is exposed to the skin of the instant case; (e) however, it is erroneous in the judgment of the court below that found the Defendant not guilty of the facts charged in the instant case by misapprehending the facts affecting the conclusion of the judgment.

2. Determination

A. As to whether the Defendant’s marina business establishment constitutes “business in which physical contact, exposure to sex-related body parts, or act of sexual intercourse or similarity is likely,” the lower court, while explaining the grounds for judgment in detail, is insufficient to deem that the Defendant’s business falls under such business solely based on the fact that the Defendant provided a notice that physical contact was scheduled, and the evidence submitted by the prosecutor alone proves that the Defendant conducted a business that “constition or similar act of sexual intercourse” as provided by the Public Notice of the Women’s Family Division (No. 2013-52; hereinafter “Public Notice”), is sufficiently proven to the extent that there is no reasonable doubt for deliberation.

In this case, deeming that it cannot be seen.