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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) is as follows: the date and time of the facts charged in the instant case; and at the place of the instant case, the Defendant had E drink together with G, F, and H who had been a guest; or the Defendant did not drink with the said customer.
Even if the defendant and E drink together with the customers, G, etc.
Even if this is not a "entertainment entertainment", it is nothing more than a "act of entertainment", but rather an "act of entertainment", and it is not a "act of entertainment for profit".
2. Determination
A. Before the judgment on the grounds for appeal by the defendant's authority is made, the prosecutor applied for changes in the indictment as stated in the facts charged in the trial at the court at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the change in the subject of the trial at the time of this court's permission
However, the defendant's assertion of misunderstanding the facts or misunderstanding the legal principles is still subject to the judgment of this court, and this is examined in the below.
B. Judgment 1 on the Defendant’s misunderstanding of the facts or misapprehension of the legal principles 1) The following circumstances acknowledged by each evidence duly adopted and examined by the lower court on whether the Defendant had a customer drink with E or drink with his customer; ① A’D, a general restaurant operated by the Defendant, has been installed with partitions, and the partitions have been operated in the form of celebling; ② G (V), F (V), H (V) and H (hereinafter “G, etc.”) have been installed in around 00: (a) around January 12, 2016; (b) around 20: (c) around 20: (a) around 20:0, the Defendant has been operating in the form of providing the service to the customer who has been seated outside; and (d) around 30:0,000; (b) around 30:0,000; (b) around 30:0,000; (c) around 30, 2016.