The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the instant case of mistake of facts, since the place of business of this case does not have an act of dancing by customers as its main type of business, and since the DJ deputys, sound equipment, susballs, and wings established in the instant place of business are not facilities for dancing, the Defendant cannot be deemed to have engaged in entertainment bar business in the instant place of business, and the judgment of the court below which found the Defendant guilty of the facts charged in the instant case is erroneous.

B. The court below erred by misapprehending the legal principles, thereby finding the Defendant guilty of the facts charged.

(1) As the Defendant did not violate the facility standards by type of general restaurant business or the matters to be observed by a business operator under the Food Sanitation Act while operating the instant general restaurant under the Food Sanitation Act, the Defendant cannot be punished as a crime of violating the Food Sanitation Act.

(2) Even if the business type of the instant place of business falls under entertainment bar business under the Food Sanitation Act, the Defendant was unaware of this, and there was no perception of illegality.

C. The penalty of the lower judgment on the grounds of unreasonable sentencing (one million won by fine) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in indictment with respect to the facts charged below, and this Court permitted changes in the subject matter of the judgment. Thus, the judgment of the court below cannot be exempted from reversal.

However, although the judgment of the court below has the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of the court of this court.

B. According to the judgment on the assertion of mistake of facts, pursuant to Article 21 subparagraph 8 (d) of the Enforcement Decree of the Food Sanitation Act, entertainment bar business is a business that mainly prepares and sells alcoholic beverages, and is employed as an entertainment worker.