The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was used for the use of the E’s physical training hall rather than for the use of the Defendant’s dance institute, and even in this case, it should be deemed that the above facilities were used for the changed use. Therefore, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. In light of the following circumstances, the lower court found the Defendant not guilty on the ground that the instant facilities cannot be deemed as facilities for the use of the physical training hall, which do not conform to the use of the dance driving school, and that the Defendant offered convenience for the use of each of the above facilities for E, which operates the physical training hall in 501 and 502 on the same floor. However, it is difficult to view the Defendant’s use of each of the above facilities for the business of the dance driving school of the Defendant and for the use of the physical training hall for the business of the head of the body training hall as well as for the use of each of the above facilities at the same time, the Defendant’s use of the above facilities for the business of the Defendant’s dance driving school and the alteration of the use of the body training hall under the Building Act

1) The directional itself cannot be deemed as a facility that does not fit for the use of a dance institute, and it is difficult to readily conclude that it can be used only for the use of a fitness hall.

2) According to Articles 3(1), 3(2), and 4 of the Daejeon Metropolitan City Ordinance on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, in the case of a dance institute among private teaching institutes for lifelong education and vocational training as operated by the Defendant, it is naturally equipped with at least five square meters of a slope room.

Therefore, it is difficult to view that the defendant's establishment and operation of a slope in a dance institute itself constitutes a change in the purpose of use.

3) According to Article 3(2) of the above Ordinance, a private teaching institute may have facilities necessary for the provision of convenience to learners, etc., and such facilities are necessary for sports facilities and health.