A. The fact-finding that Defendant A sold to G or F at the time of the mistake of fact is an unrelated alcoholic beverage similar to beer (hereinafter “unauthorized alcoholic beverage”) in appearance, and there was no few sales or provision of alcoholic beverages.

Nevertheless, the judgment of the court below that found the Defendants guilty of the facts charged of this case is erroneous in mistake of facts.

B. The court below's decision on the unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances are recognized.

1) Defendant B made a statement to the police as 29,00 won on the day of the instant case, but again made a statement to the police to want to receive 25,000 won from customers. G and F consistently state that the above 29,00 won is 29,00 won. Defendant B also stated the above 29,00 won in the first place as singing KRW 20,000 per hour, 30, 5,000 service charges for singing, 4,000 won for singing, 25,000 won for singing, and 4,000 won for singing similar beverage in the lower court. According to evidence, Defendant B stated that the charge for singing of the instant case is 1,00 won for singing, 20,000 won for singing, 30,000 won for singing and similar beverage, and 90,000 won for singing service in light of empirical rule, if there is no room for dispute between the service provider and the service provider and the service provider without agreement.

3 G and F consistently enter the instant singing room into one’s own disease and one’s own disease in the instant singing room.