The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the Defendant violated the Act on the Regulation of Amusement Businesses Affecting Public Morals established on October 15, 2013 by the Seoul Northern District Court was sentenced to 2013Da31864 on October 15, 2013. The crime of violating the Act on the Regulation of Amusement Businesses Affecting Public Morals established on October 23, 2013 is an act which is a constituent element of the Defendant’s violation of the rules on matters to be observed as a person operating an amusement business by presenting obscene images to the customers who find the place. The crime of violation of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity oil) which is the facts charged in the instant case, is an act which regulates different acts, and thus, it cannot be deemed that the basic facts are identical to each other, by misapprehending the legal principles on the regulation of amusement businesses affecting the public morals businesses affecting the judgment and the legal principles on the exemption of the Defendant under the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc.

2. Determination on the grounds for appeal

A. The summary of the facts charged in this case is as follows: from November 201 to April 16:25, 2013, the Defendant entered in the Clocks in the operation of Defendant 302 in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, a program that enables the Internet to view the obscene site of “D” on a computer connected to the 24 computers, and an attached crime list (not attached to the judgment) that enables male and female to self-convert with their body or engage in sexual intercourse or similar intercourse on the main computer (not attached thereto).