The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding fact-finding, the Defendant did not have a dance hall, which is an entertainment facility, while operating the trade name “E” and did not mainly engage in an act that allows customers to dance. Therefore, it cannot be deemed that the Defendant engaged in entertainment tavern business.

Nevertheless, the judgment of the court below that recognized the defendant as operating an entertainment drinking house business without permission is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. Of the sentencing, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the relevant legal principles 1) An entertainment bar business, entertainment bar business, and entertainment facility’s definitions, and the provisions under the Food Sanitation Act and subordinate statutes, dance halls installed to allow workers engaged in entertainment or customers to enjoy dancing are entertainment facilities. An entertainment bar business (a business of cooking and selling alcoholic beverages mainly, which is permitted to employ workers, to install entertainment facilities, and customers are allowed to enjoy singing or dance). Thus, where an entertainment bar business (a business of cooking and selling alcoholic beverages mainly, which allows customers to enjoy singing) is permitted only as the Defendant’s entertainment bar business (a business of cooking and selling alcoholic beverages, in which customers are allowed to enjoy singing) it may not be operated by installing dance halls, which are entertainment facilities under the entertainment bar business. The mere fact that an entertainment bar business operator does not explicitly prohibit the installation of dance halls, and that an entertainment bar business operator does not constitute a violation of the provisions under Article 44(1) of the Food Sanitation Act and Article 94 of the Food Sanitation Act or Article 97 of the Food Sanitation Act.