The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. In full view of the following facts: (a) the entrance of the building located in the “D” key room operated by the Defendant (hereinafter “instant key room”) is included in school environmental sanitation and cleanup zone; and (b) the instant key room is accessible only to the said entrance; and (c) the front road of the building can be used as school attendance of the school students, including the kindergarten, the instant key room constitutes prohibited facilities in school environmental sanitation and cleanup zone.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the Defendant.

2. Prior to the judgment on the above grounds of appeal, prior to the judgment on the above grounds of appeal, the prosecutor examined the facts charged in the instant case ex officio, and the prosecutor applied for changes in indictment with the description of the facts charged in the instant case as stated in the facts charged. Since this court permitted this and changed all the objects of the judgment, the judgment of the court below, which is based on the initial facts charged, cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act as the grounds for ex officio reversal as seen earlier, and the judgment below is ruled as follows.

[D] A criminal defendant is a person who operates a key room in the trade name of Gangseo-gu Seoul Metropolitan Government Ctel 521.

At around 15:00 on August 26, 2014, the Defendant: (a) installed five smugglings in the above “D”; (b) employed four female employees, including G, etc.; and (c) received KRW 40,000 for 30 minutes from an unspecified number of customers who found the said key room; (d) received KRW 65,000 for one hour, and had female employees take kis with customers and kis, and have them take kis, etc. by hand, while engaging in an amusement business affecting the public morals from July 30, 2014 to the above temporary date.

Summary of Evidence

1. The defendant's oral statement in court;

1. Each statement of G, I, J, K, L, and M;

1. Sovereign photographs;