The defendant shall be innocent.

1. The summary of the facts charged is a person who operates a sex organ handling business with the trade name “D” in Gwanak-gu in Seoul Special Metropolitan City.

No person shall commit any act or install any facility falling under a business establishment prohibited from allowing access by or employing any obscenity apparatus in a school environmental sanitation and cleanup zone, the straight distance of which is not more than 200 meters, from the boundary of a school.

Nevertheless, from December 2, 2012 to March 21, 2014, the Defendant operated a business prohibited from having access to juveniles in school environmental sanitation and cleanup zone by selling sexual instruments, such as selling 20,000 won to male workers of 30 middle-class teams, who were found to be customers, in the display room for the purpose of selling them to many and unspecified customers, at the above business place located at a distance of about 197 meters from nearby Seoul E Elementary School.

2. Article 5 (1) of the School Health Act provides that "The Superintendent of an Office of Education shall establish and publicly announce a school environmental sanitation and cleanup zone, as prescribed by Presidential Decree, in order to protect the health, sanitation and learning environment of a school. In such cases, the school environmental sanitation and cleanup zone shall not exceed 200 meters from the boundary line of a school or the boundary line of a planned school site." Article 3 (1) of the Enforcement Decree of the same Act provides that "When the Superintendent of an Office of Education of a City/Do establishes a school environmental sanitation and cleanup zone pursuant to Article 5 (1) of the Act, it shall be established by dividing it into an absolute Cleanup Zone and a relative Cleanup Zone, but the absolute Cleanup Zone shall be an area within 50 meters in straight line from the entrance door of a school (in cases of a planned school site, referring to the location of the entrance door of a school to be established