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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds of appeal does not fall under the “live business affecting the public morals” as provided by the Act on the Regulation of Amusement Businesses Affecting Public Morals, and even if the defendant had a female employee and a kis, he had a female employee take the chest within the kis shop, it cannot be deemed as a obscene act, and there is insufficient evidence as to the part of having obscenity as stated in the judgment of the court below, and thus, the defendant should be acquitted. However, the court below found the defendant guilty of the facts charged in this case. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion
2. Determination
A. The summary of the facts charged in this case is a person who operated the 2nd floor "C" room in Changwon-si from May 30, 2009 to August 9, 2013. A person who conducts an amusement business affecting juveniles at a business establishment prohibited from allowing access to juveniles prescribed by Presidential Decree shall not engage in obscene acts, arrange such acts, or provide such things. However, from around 14:0 on August 9, 2013 to 14:30 on the Internet site that D connects to "E" and paid 40,000 won after confirming that he/she was the above business establishment and making a promise to pay 40,000 won after visiting the said business establishment after having confirmed that he/she was the victim's phone number, and instruct his/her employees to comply with the customs of "if he/she is waiting at 3 times after being taken up, he/she will enter the said business establishment, and let female employees observe the customs of 10,000 G.
B. The lower court found the Defendant guilty of the instant facts charged by compiling the adopted evidence.
C. (1) The decision of this Court is first stipulated in the Act on the Regulation of Amusement Businesses Affecting Public Morals operated by the Defendant.