The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal, witness E and F’s respective legal statements, etc., the Defendant, at around 12:30 on February 21, 2016, acknowledged the fact that he/she recognized that he/she was a juvenile of “D” 211 E (n, 14 years old) of his/her lodging establishment in Gwangju Mine-gu, Gwangju, and that he/she did so with F (n, 30 years old) even though he/she was aware that he/she was a juvenile of this case, the lower court erred by misapprehending the judgment that found the Defendant not guilty of the facts charged

2. Determination

A. The summary of the facts charged of the instant case was that no person was engaged in, or provided a place for, the purpose of doing any business that disturbs public morals by permitting male and female juveniles to sleep together with other male and female juveniles. On February 21, 2016, around 12:30, the Defendant shared E (n, 14 years old) with F (n, 30 years old) a juvenile of “D” 211 operated by his/her lodging establishment in Gwangju Mine-gu, Gwangju.

B. The lower court rendered a judgment on the grounds that the facts charged in the instant case constitute a case where there is no proof of criminal facts as follows, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

1) If there are circumstances to suspect that a juvenile is a juvenile on the outer features, habitss, or scams, etc. of those who intend to be sexually married, a person engaging in a female business shall be allowed to be sexually married only if it is confirmed that the juvenile is not a juvenile by identification card or any other reliable method and only if it is confirmed that the juvenile is not a juvenile, and at least if the person allows the same without confirmation as above, he/she has dolusent intent to be sexually married.

It should be viewed (see Supreme Court Decision 2002Do4282, Oct. 8, 2002, etc.). Accordingly, at least there was no negligence in relation to the juvenile sexual intercourse to the defendant who operates the instant telecom.

In order to recognize it, even though the defendant discovered a circumstance that could be suspected of being a juvenile in E's outer appearance, forests, etc., identification cards or other reliable methods.