The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) by the Defendant did not have workers engaged in entertainment, and the table was fixed on the floor, and thus did not install entertainment facilities, such as dance spaces or special lighting equipment.

Nevertheless, in violation of the principle of no punishment without the law that the interpretation of criminal law should be strict and analogically interpreted, it is against the principle of no punishment without the law that the defendant provides a special lighting facility, such as red or green lighting with a color paper attached to the white fever, and provides two trustees with a space where they can dance a simple passage to the extent that two persons pass by. However, the judgment of the court below which found the defendant guilty of the facts charged in the case where the defendant was running an entertainment drinking house business by assessing that the customers waiting for e-mail had dancing, such as the success of e-learning, and thereby making them refund, and thereby, it is erroneous in the misapprehension of legal principles and affected the conclusion of the judgment.

2. Determination

A. The term "entertainment bar business" under Article 21 subparagraph 8 (d) of the Enforcement Decree of the Food Sanitation Act means the business of cooking and selling alcoholic beverages on a main basis; ① workers engaged in entertainment may be employed, or entertainment facilities [Article 22 (2) of the Enforcement Decree of the Food Sanitation Act ("Enforcement Decree of the Food Sanitation Act") may be established; ② customers are allowed to sing or dance. The above paragraphs (1) and (2) refer to entertainment bar business in cases where they take the form of business falling under any of the above subparagraphs. Thus, even if a place of business does not separately install dancing halls corresponding to entertainment facilities, if the place of business takes the main business form of enabling customers to dance by using an empty space of the place of business, it can be deemed as an entertainment bar business.

B. Regarding the instant case