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The defendant shall be innocent.
Reasons
1. The Defendant is a person who operates a general restaurant (hereinafter “instant restaurant”) in the name of “C” in Gwangju Mine-gu.
An entertainment business shall obtain permission from the Commissioner of the Korea Food and Drug Administration, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
Nevertheless, the Defendant did not obtain permission from the competent authorities to engage in the business of a danran, and the Defendant 77 square meters of the restaurant of this case from the end of November 2012 to January 11, 2013, 9 and Gabs.
The business facilities such as one counter-string, drum 1 sets, and one micro-string, etc. were prepared and sold to customers with no name.
Accordingly, the Defendant engaged in an unauthorized entertainment business.
2. In full view of the purport of Article 22(1) of the former Food Sanitation Act (amended by Act No. 8113 of Dec. 28, 2006) and Article 7 subparag. 8 of the former Enforcement Decree of the same Act (amended by Presidential Decree No. 19769 of Dec. 21, 2006), since the above Enforcement Decree provides that a singing bar business is "business of cooking and selling alcoholic beverages and of allowing customers to sing," the above Enforcement Decree provides that a singing bar business shall be "business of cooking and selling alcoholic beverages, and customers are allowed to singing," even if it is mainly a business of cooking and selling alcoholic beverages, it cannot be deemed that a type of business in which it is impossible for customers
(see, e.g., Supreme Court Decision 2008Do2160, Sept. 11, 2008). According to the evidence adopted and examined by this Court in light of the above legal principles, the outline of the facts charged in the instant restaurant is indicated in the facts charged.
However, there is no evidence to acknowledge that the defendant allowed customers to sing by using the above facilities, and rather, according to D’s written confirmation, the above sound facilities are D employed by the defendant.