The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, there is no doubt that had customers engage in self-defense.

B. In the instant case where a public morals business office at the time of misunderstanding legal principles, customers are kids with female employees or do minor skiings to the extent that they are her chests or her her her tum, etc., the instant act does not constitute obscene acts prohibited by the Act on the Regulation of Amusement Businesses Affecting Public Morals, in light of the level similar to the Supreme Court Decision 2006Do3119 Decided February 26, 2009, which held that the entertainment of female employees is not obscene acts.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles.

C. The lower court’s sentence (5 million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Before rendering a judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor applied for changes in the facts charged in the instant case’s “assumptive or self-defense,” with “assumptive or self-defense,” and the judgment of the court below, which is based on the initial indictment, cannot be maintained any longer by the court’s permission.

However, despite the above reasons for ex officio destruction, the defendant's assertion of legal principles is still subject to the judgment of the court. Thus, we will examine this below.

B. The phrase “obscenity act” stipulated in the Act on the Regulation of Amusement Businesses Affecting the public morals on the part of asserting the misapprehension of legal principles refers to an act to stimulate, stimule or satisfy a sexual desire, thereby impairing the ordinary public’s normal sense of sexual humiliation and contrary to the concept of good sexual intent, and the concept of “obscenity” is relative and flexible that changes depending on changes in society and times.