The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact-misunderstanding and legal reasoning, the store operated by the Defendant is equipped only with a cartoon book that is not harmful to juveniles, the environment of the store is not harmful to juveniles, and the cartoon book among the books kept in the above store is merely a part of the cartoon book. Thus, the store operated by the Defendant does not constitute a cartoon lending business that prohibits the operation of the Act on Educational Environment Protection.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated. In light of the language and text of Article 9 subparag. 28 of the Educational Environment Protection Act, and Article 2 subparag. 5(b)6 of the Juvenile Protection Act, cartoon lending business is prohibited regardless of whether it is harmful in educational environment protection zone, but it is reasonable to interpret that cartoon lending business is allowed in a case where it is deemed that individual business is not harmful in educational environment through deliberation by the superintendent of education, etc. in the relative protection zone. Although the store operated by the Defendant is located in the relative protection zone, the Defendant is running a store without undergoing the above deliberation procedure, and there is little importance of cartoon books among the books kept in the store operated by the Defendant, and it is unlikely that the Defendant may select a cartoon book in the shop operated by the Defendant and select a student cartoon book in the workplace operated by the Defendant.

As can not be seen, there is a book other than a cartoon book in the store operated by the defendant.

In addition to the fact that it is reasonable to see that the defendant's shop constitutes a cartoon lending business, the above judgment of the court below is justified.