The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, facility standards.

1. Summary of grounds for appeal;

A. As to the crime No. 1 in the judgment of the court below, since the business establishment of this case has a space of three square meters in front of DJ gambling and the table, customers dance at this place, the above space is not made by a dance, but by using materials at the same height as the table is installed, so it is prohibited for the drinking customers to have access to DJbes by leaving the entertainment, and employees receive orders from customers, see food and drink, and allow them to move, and thus, it is only a space created in order for them to use. Thus, the above space is not a dance space under Article 22 of the Enforcement Decree of the Food Sanitation Act.

(2) As to the crime No. 2 of the holding, the instant business establishment does not have a “cab room” under Article 36 and attached Table 14 of the Enforcement Rule of the Food Sanitation Act, and the instant business establishment consists of a single room. Since the concept “business place” and “cab room” are different, the “business place” of the instant business establishment shall not be deemed as a “cab room”.

B. The sentence imposed by the court below on the defendant (4 million won of fine) is too unreasonable.

2. Judgment on the misapprehension of legal principles as to No. 1 crime

A. Notwithstanding that a person who intends to engage in entertainment bar business based on the summary of the facts charged, as prescribed by Presidential Decree, obtains permission from the Administrator of the Korea Food and Drug Safety Agency, the Governor of the Special Self-Governing Province, the head of the Si/Gun/Gu, and the head of the Gu, from December 20, 201 to July 20, 201, he/she operates a general restaurant with the name of “C” of the fourth floor located in Daegu Jung-gu, Daegu-gu from July 20, 201, the Defendant is equipped with special lighting facilities, such as a rac, a rac, etc., in which he/she is equipped with a place for dancing between DJ gambling and the table. The Defendant enables customers who have access to amusement with music and special lighting to enjoy entertainment.