The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Comprehensively taking account of the evidence presented by the prosecutor to the gist of the grounds for appeal, the defendant can fully recognize the fact that a general restaurant business operator permits customers to install and use singinging machines, and the act of allowing customers to install and use singing machines constitutes "act allowing customers to use sound and reflect facilities and singing" under the Food Sanitation Act, but the court below acquitted the defendants of the facts charged in this case. Thus, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

2. Determination

A. The summary of the facts charged in the instant case is to operate general restaurants in the name of “C” on the first floor of the Seo-gu building in Gwangju metropolitan area.

No general restaurant business operator shall be equipped with sound and rebuttal facilities and allow customers to sing.

Nevertheless, at around 19:00 on April 14, 2018, the Defendant installed a video device for caption and an automatic singing room at the above place, and made the nameless customers singing.

As a result, the Defendant violated the obligation of general restaurant businessmen to observe for the sound business order.

B. The lower court’s determination is based on the following circumstances, i.e., although D’s club at the time and place indicated in the facts charged, and installed and used singing machines at a different place, it is recognized that the Plaintiff was permitted to use singing machines, according to the investigation report: (a) although the Defendant did not permit the use of singing machines and the customer’s free establishment of singing machines; (b) according to the detection report, the Defendant continuously prevented the Defendant from continuously installing singing machines but was investigated to install singing machines at the same club.