The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In spite of the fact that the Defendant had operated a video production room, there was no fact that he operated a singing practice room business, and even if the video production room is allowed to provide alcoholic beverages, the lower court convicted the Defendant by misunderstanding the fact, and convicted him.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Whether a business establishment is a music record or music video production facility or a singing practice room shall be determined on the basis of the substance of the business, such as the type of the act and the occurrence of the main profit from the business in return for the provision of any service.

However, if the main profit of the business takes place through the singing practice service, it is deemed that such business activity constitutes a singing practice business regardless of whether it has been reported to the production of music records or music video products.

The following circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court: (a) the Defendant operated a singing practice room with the trade name of “Esing practice room” at the instant location; (b) the Defendant reported the closure of business on March 15, 2012 in order to be subject to an administrative disposition of business suspension for forty (40) days since the control of Domins employment and sales of alcoholic beverages; and (c) the Defendant reported the business of producing music video products on March 16, 2012; and (d) operated a business similar to “C” in the previous location; (b) the inside of the instant establishment was installed with both the intermediate corridor; (c) the Defendant was equipped with the same facilities as the general singing practice room; and (c) the dust was generated from the operation of the video storage room installed at the said establishment.