The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant conducted a business that is likely to engage in sexual or similar acts, such as drinking to an unspecified number of customers, in an educational environment protection zone, and the nature of the crime is not good.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, that the defendant did not repeat again after reporting the closure of the business of this case, and that the health and economic conditions of the defendant are not good.

In full view of the above circumstances and all of the factors of sentencing as shown in the arguments in this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and result of a crime, etc., the sentence imposed by the lower court is too unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 16 (1) and subparagraph 13 of Article 9 of the Act on the Protection of the relevant Article of the Act on Criminal Crimes and the Selective Educational Environment for the Selection of Punishment (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, prior to the grounds for sentencing, shall be determined as ordered by taking account of the fact of reversal.