The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor (not guilty part of the judgment below) as to the facts charged, the fact that the Defendant, without permission as stated in this part of the facts charged, provided the employees E with entertainment by drinking alcohol, such as customers, and allowed them to provide entertainment services may be sufficiently recognized.

B. The sentence of the lower court (2,00,000 won) that is unfair in sentencing is too unhued and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant in this part of the facts charged is a person who operates “D” (general restaurant) on the C and 7th floor in Jeju.

A person who conducts a general restaurant business shall not engage in an entertainment shop business.

On November 10, 2014, the Defendant, without permission of the competent Jeju-si Office, installed five blocks, one studio, and two studios in stores with a size of 60 square meters of c, 7 stories in Jeju-si around November 10, 2014, and allowed E to sit in company with customers F.

Defendant 1, like the above E and customers, provided entertainment services by drinking alcohol and drinking alcohol, and provided entertainment services by selling alcoholic beverages and alcoholic beverages.

2) The lower court’s determination is as follows: Article 37(1) of the former Food Sanitation Act (amended by Act No. 12719, May 28, 2014; and enforced November 29, 2014); Article 21 subparag. 8(d) of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 25792, Nov. 28, 2014; and enforced November 29, 2014).

In full view of the items, Article 22(1) and (2), Article 57 of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1117, Dec. 26, 2014) (amended by Ordinance of the Prime Minister No. 1117, Dec. 26, 2014) [Attachment 17] / [Attachment 6] of the code of practice for food entertainment business operators, etc., the business of cooking and selling mainly alcoholic beverages may be engaged in entertainment, or entertainment facilities may be installed, and customers shall be permitted to engage in “entertainment entertainment shop business” which is a business that is allowed to singing or dance.