The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant’s assertion that the Defendant did not operate a singing practice room at the time of the instant case is difficult to believe, in full view of the following: (a) the Defendant stated in an investigative agency that it is difficult to reverse or obtain the Defendant’s statement on the relationship with N; (b) the Defendant’s mobile phone use circumstance; and (c) the Defendant stated to the effect that it was written with the Defendant’s contact details on the O’s cell phone; and (d) the Defendant’s statement was different from the Defendant’s investigative agency’s statement; and (b) the Defendant was investigated as a suspicion of selling alcoholic beverages in the instant singing practice room around September 17, 201.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(2) In light of the circumstances duly explained by the lower court and the following circumstances acknowledged by evidence duly admitted and examined by the lower court and the lower court, namely, the Defendant consistently stated in an investigative agency as to the operation of the instant karaoke machine from July 24, 2012, and the fact that the Defendant joined as a member from July 24, 2012 as a result of the inquiry inquiry by the Daejeon Metropolitan City King practice room business association from July 24, 2012, and the Defendant paid membership fees in cash to the head of the Association visiting the instant karaoke machine from July 24, 2012 to the 20th day of each month.