The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The establishment operated by the Defendant misunderstanding of facts is not a juvenile harmful business establishment prohibited from operating within the school environment sanitation and cleanup zone under the School Health Act.

B. In light of the legal principles, since the Defendant was confirmed by a public official in charge of a real estate broker, competent Gu office, and tax office that the Defendant’s business place operated by the Defendant was lawful, the Defendant’s operation of the business place constitutes a mistake in law under Article 16 of the Criminal Act, on the ground that the mistake was made when there were justifiable grounds.

(c)

The punishment of the lower court that is unfair in sentencing (3 million won) is too unreasonable.

2. Determination

A. The summary of the facts charged in this case is a person who operates a marina business in the name of “C” on the first floor above the Gwanak-gu in Seoul Special Metropolitan City.

Even if the school environment sanitation and cleanup zone does not operate a juvenile harmful business establishment, the defendant installed at the above business establishment of approximately 30 square meters located from the end of September 2014 to February 23:30, 2015, where approximately 32 meters away from the door of "D elementary school" to the end of February 24, 2015, the service room 5 and the shower room 2 are likely to cause sexual acts or similarity.

B. In light of the legislative intent of the School Health Act and the Juvenile Protection Act, the lower court found the Defendant guilty of the instant charges on the ground that there are five rooms and two shower rooms, the entrance room of which is closed with a stringer and a wall, the structure of a light room in each room, and the opening room, and the business that gives customers a telegraph, etc. against customers, the lower court found the Defendant guilty of the instant charges on the ground that it appears that physical contact or sexually related body parts may be exposed, sexual intercourse, or similar acts may be conducted according to the agreement with the customer.

(c)

Article 6(1) of the School Health Act.