The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, as a manager of the instant building owned by H, leased the instant building to A around February 2018 with knowledge that he/she performed the act of arranging sexual traffic in the instant building, and that he/she directly received the rent thereafter. As such, the Defendant’s act constitutes “the act of providing a building despite being aware of the fact that he/she was provided for sexual traffic” under Article 2(1)2(c) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter “the Act”), and thus, the Defendant should be deemed to have performed the act of arranging sexual traffic, etc.

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The prosecutor of the amendment of indictment (in addition to the facts charged in reserve) shall submit the following 3-A on the date of the second instance trial of the party.

The existing facts charged of this case shall be maintained as the primary facts charged, and Article 32 of the Criminal Act shall be added as preliminary provisions of the Act, and the following 4-A shall apply.

In addition to the facts charged as stated in the paragraph, the court applied for the amendment of a bill of indictment, and this court permitted it and added it to the subject of the judgment. The court below examined the reasons for appeal by the prosecutor on the primary facts charged and the ancillary facts added in the trial.

3. Judgment on the misconception of facts by the prosecutor concerning the primary facts charged

A. On March 30, 2017, while the Defendant managed C building and D with the second floor, he was aware of the fact that F was engaged in sexual traffic business within the said business establishment by undergoing a witness investigation on the investigation by the Gyeonggi City Reconstruction Police Station and the Economic 3 Team on the ground that F was engaged in arranging sexual traffic in the said building.

Nevertheless, the defendant is the facility or type of business of the above businesses.