The prosecutor's appeal is dismissed.

1. Of the facts charged against Defendant A, the lower court acquitted Defendant A of violation of the Public Health Control Act due to the violation of the business operator’s code of practice, and found Defendant A guilty of violation of the Public Health Control Act due to the violation of the business operator’s code of practice related to the posting of a notice of bathing cautions, and the prosecutor appealeded Defendant A with respect to the aforementioned acquitted portion. As such, the aforementioned guilty portion was separated

Therefore, the scope of this Court's trial against Defendant A is limited to the acquittal part against the above Defendant.

2. Of the judgment below on the summary of the facts charged, the summary of the facts charged against the Defendants is that Defendant A is a public health business operator conducting public bath business (a soup and soup) with the trade name of “E” located in Jeju City D. Defendant B is an employee of Defendant B, and Defendant B is an employee of the public health business operator who is not deemed to have difficulty in using public bath normally due to drinking, etc. for the sound business order. Nevertheless, Defendant B did not enter the soup and perform it on January 30, 2014 when serving in the first floor of the above E as an employee at around 02:43, 2014, and Defendant B did not perform this act. Defendant A committed the above act of violation in relation to his own business, which is a public health business operator of this case.

3. The lower court determined that there is no evidence to support the specific circumstances that it is difficult to view that the state of the J’s drinking at the time of entering into and departing from E, such as a sobrying, frying, speaking, smelling, etc., to the extent that the normal use of the facility was difficult, or that there was a possibility to interfere with another person’s taking sobrying, and that J was in a drinking condition at the time of entering into and departing from E, and that it was in a frying room after approximately six hours thereafter.