The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The lower court’s punishment (one million won in penalty) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Determination of the rest restaurant business of this case is recognized as having been reported to the Minister of Food and Drug Safety or to the head of the Si/Gun/Gu/autonomous Gun/Gu, and selling beer, despite the fact that drinking is not allowed.

However, the defendant recognized the crime of this case and is in profoundly against the defendant, and the crime of this case is only once and the size of business is large.

In full view of the favorable circumstances, such as the fact that it is difficult to see it, the obstruction of the performance of official duties in the concurrent relationship after Article 37 of the Criminal Act and the fact that the equity should be taken into account with the case where the case was adjudicated at the same time, and all other circumstances, such as the defendant’s age, sex, sex, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable and unfair, and the defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning selective punishment, and selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;