The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, who operates the so-called unmanned telecom, did not take any measures despite the obligation to install facilities to verify identification cards of the guests and to regularly verify whether a juvenile was among the guests through CCTV, etc. in order to prevent juveniles from being familiar with gender.

Therefore, it is reasonable to view that the defendant, at the time, was not aware of the fact that the defendant, a juvenile E (the age of 15) and F (the age of 34) had dolusence of male and female marriage, but the court below acquitted the facts charged of this case. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant runs a lodging business with the trade name “Del” in the Gyeongdong-gun, Chungcheongnam-do.

No one shall engage in any business activity that disturbs public morals, such as making male and female juveniles lodge together, or provide a place for such business activity.

Nevertheless, around March 013, 2013, the Defendant: (a) around 01:30, and around the end of 01:30, (b) had juvenile E (n, female, 15 years of age) do the same as the F (34 years of age) visited to conduct a sexual intercourse with E, and (c) carried out a business act that disturbs public morals.

B. As to the facts charged in this case, the lower court determined that there was no proof of crime for the following reasons and sentenced the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act.

1. A copy of the police statement about F as evidence, a copy of the police interrogation protocol about G, and a copy of the police interrogation protocol about H as to whether the defendant knew of juvenile E and F's accommodation.

1. F entered the Domoto have sexual intercourse with E through Internet hosting, and F himself and E enter the Domoto room.