A. In the instant case of mistake of facts, since the place of business of this case does not have an act of dancing by customers as its main type of business, and since the DJ deputys, sound equipment, susballs, and wings established in the instant place of business are not facilities for dancing, the Defendant cannot be deemed to have engaged in entertainment bar business in the instant place of business, and the judgment of the court below which found the Defendant guilty of the facts charged in the instant case is erroneous.

B. The court below erred by misapprehending the legal principles, thereby finding the Defendant guilty of the facts charged.

(1) As the Defendant did not violate the facility standards by type of general restaurant business or the matters to be observed by a business operator under the Food Sanitation Act while operating the instant general restaurant under the Food Sanitation Act, the Defendant cannot be punished as a crime of violating the Food Sanitation Act.

(2) Even if the business type of the instant place of business falls under entertainment bar business under the Food Sanitation Act, the Defendant was unaware of this, and there was no perception of illegality.

C. The penalty of the lower judgment on the grounds of unreasonable sentencing (fines 5,000,000) is too unreasonable.

2. Determination

A. We examine the assertion of mistake of facts. According to Article 21 subparagraph 8 (d) of the Enforcement Decree of the Food Sanitation Act, entertainment bar business refers to a business of cooking and selling mainly alcoholic beverages, where workers engaged in entertainment may be employed or amusement facilities may be installed, and customers may sing or dance.

According to the evidence duly admitted and examined by the court below, the place of the instant business is mainly a place where alcoholic beverages are cooked and sold, and if the DJ, an employee, dJx, sound equipment, large 6 strawer, rab beam, rab beam, ESD lighting, knife, knife, etc., which are installed at each place for 10 to 20 minutes per hour, induce customers to dance by using them.