The defendant is innocent.

The summary of the facts charged in the instant case is that the Defendant, around 14:12 September 5, 2017, provided the lectures and calls in the exit No. 5 of Gangnam-gu Seoul Metropolitan Government B Station No. 5.

Judgment

The prosecutor applied the term "the act of selling and selling goods" and "the act of soliciting people" under Article 3 (1) 8 of the Punishment of Minor Offenses Act to the defendant.

Here, the act of soliciting customers refers to the act of soliciting customers at a place where many people gather or frequent for the purpose of business.

On the other hand, the defendant tried to sell used goods, but there is no fact that he/she sold used goods or provided an entertainment act.

The evidence consistent with the facts charged in the instant case includes: (a) each legal statement of C and D; (b) a control statement prepared by C, D and C; and (c) a charge statement prepared by C and C; (c) there is insufficient evidence to acknowledge that the Defendant forcibly sold goods or provided a substitute for the same reasons as indicated below, and there is no other evidence to acknowledge this otherwise.

① At this court, D, who served as a subway security officer, stated to the effect that “the Defendant was able to act in favor of the Defendant,” but only stated that “D would be able to sell goods to people while conducting funeral services or make people do funeral services at all times,” and did not specifically memory the appearance of the Defendant’s sale.

In light of the statement in the above D's statement in this court, there is a doubt that the defendant sold goods and controlled them within the history, and that D's act is not a misunderstanding that the defendant's act was a "ligrative act" and it was not a control.

② Although C controlled the Defendant in relation to the facts charged in the instant case, C did not directly witness the situation at the time since it arrived at the instant site after other subway control teams and police officers arrive.

3. The subjects of the above control shall be within the history of B.