The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not know whether the instant business establishment is located in the school environment sanitation and cleanup zone, and the instant business establishment constitutes a sound marina business establishment, and there is no fact that the Defendant operated the business that is likely to cause sexual conduct or similarity.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Even if the sentencing is not unfair, the sentence (700,000 won) of the lower judgment is too unreasonable.

2. Determination:

A. The summary of the facts charged in this case shall not engage in a business which is likely to cause sexual acts or similarity by dividing it by a smuggling, sealed space, or partitions, or by installing similar facilities in a school environment sanitation and cleanup zone.

Nevertheless, around 17:00 on May 20, 2015, the Defendant operated a business with the trade name of "C" from the Busan Jung-gu B and the third floor, which is located in the school environment sanitation cleanup zone, and operated a business in which the act of sex or similarity is likely to be done by installing the wall and the partitions partitioned with the wall and the partitions.

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

(c)

(1) No one shall conduct any of the following acts and facilities in a school environment sanitation and cleanup zone, in accordance with relevant regulations (Article 6 of the School Health Act) (1)

19. Business establishments falling under subparagraph 5 (a) (vii) of Article 2 of the Juvenile Protection Act and business establishments falling under the business publicly notified by the head of female family pursuant to subparagraph 5 (a) (viii) or (ix) and (b) (vii) of the same Article 2 of the same Act [Juvenile Protection Act] Article 2 subparagraph 5 (a) (viii) of the same Act: A physical contact between unspecified persons, exposure to confidential parts, etc., or other similar act.