The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor on the gist of the grounds for appeal, the Defendant may be recognized as a person who operates a general restaurant in the name of “D” on the fourth and fifth floors of Yongsan-gu Seoul Metropolitan Government.

Even if the defendant is not a business operator of the above business place but an employee, since he was aware that the business operator is operating an entertainment store without permission, he can be punished in accordance with the punishment provision for joint principal offenders, aiding and abetting offenders, or actors of both punishment provisions. Accordingly, the defendant is liable for the violation of the Food Sanitation Act in this case.

Nevertheless, the judgment of the court below that the facts charged of this case constitute a case where there is no proof of crime.

2. The summary of the facts charged in the instant case is a person who operates a general restaurant in the name of “D” on the fourth and fifth floors of Yongsan-gu Seoul Metropolitan Government.

Any person shall obtain permission from the head of the Food and Drug Safety Agency or the head of the Si/Gun/Gu of a Special Self-Governing Province to engage in entertainment establishments, which are mainly business of cooking and selling alcoholic beverages and for which customers are allowed to sing or dance.

Nevertheless, around 01:51 on February 8, 2015, the Defendant was equipped with business facilities such as table 25, table 25, doctor’s 50, one kitchen, and two toilets, and sold to many and unspecified customers, and the Defendant employed a subject and allowed them to play music and dance.

Accordingly, the defendant did not obtain permission, and the defendant was engaged in entertainment center business.

3. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

Article 37 (1) of the Food Sanitation Act is a business prescribed by Presidential Decree among the businesses under the subparagraphs of Article 36 (1).