The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The remainder of the place of business, other than the place of business permitted for mistake of fact, was merely a construction work for singing practice room business, and was not used as the place of business of singing practice hall.

Thus, the court below found the defendant guilty of the facts charged of this case, although there is no room for not to see the inside of guest rooms in the center of the main guest room, and there is no room for installing guest rooms more than 1/2 of the area of guest rooms, the court below erred by misunderstanding facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court as well as the statement of H of the witness of the trial party, the fact that the Defendant installed seven guest rooms in the form of corridor in the remainder of the existing permitted place of business in the form of corridor may be recognized.

Thus, the defendant is found guilty of the facts charged in this case that the defendant installed the entertainment room in the form of corridor so that the inside of the guest room in the center of the main guest room can not be seen as a whole, and more than 1/2 of the guest room area is installed, and the change in the area of the business place is not reported to the competent authority.

The defendant's assertion of mistake of the above facts is without merit.

B. In cases where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

The defendant, who was punished as a violation of the Food Sanitation Act, has reached 13 times, and he is able to pay up to the trial.