The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (misunderstanding of facts) and the facilities and business contents of the instant business establishment, it is sufficiently recognized that the Defendant had operated a business with “constition to cause similarity, etc.”

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.

2. Determination

A. The summary of the facts charged in the instant case is the owner of a business establishment “D” located in Suwon-gu, Suwon-si C and the second floor.

No one shall conduct activities determined by the Juvenile Protection Committee and conduct any activity corresponding to those publicly notified by the director of female family in the relevant school environment sanitation and cleanup zone, among businesses providing services that are likely to engage in physical contacts between unspecified persons, exposure to a sealed part, etc., or to engage in any similar activity.

Nevertheless, the defendant from April 16, 2016 to the same year.

5. From 00:10 up to 00:10, up to the above “D” located within the relative school cleanup zone of E middle school, a business operated a business which is likely to engage in sexual conduct or act of similarity in the school sanitation cleanup zone by being equipped with the partitions and five partitions partitioned with the partitions.

B. The lower court determined on the premise that in order to punish the charged facts of this case pursuant to the public notice of the School Health Act, the Juvenile Protection Act, and the female family members, the three requirements prescribed in the above public notice should be satisfied, i.e., the type of facilities, the type of facilities, and the type of business, and that the establishment of this case shall be equipped with all the requirements, and the establishment of this case shall be recognized as having been placed in five rooms partitioned by partitions and joints, but the Defendant obtained the certificate of national technical qualification of the skin beauty artist in Korea, preparing for the qualifying examination for Korean male and female beauty artist in accordance with the words that he/she married with China, and around February 3, 2016, the Defendant obtained the certificate of national technical qualification of the skin beauty artist in Korea, and reported the beauty art business to the Gu office in Suwon-si, Suwon-si, Seoul Special Metropolitan City on April 1, 2016.