The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of violating the Music Industry Promotion Act due to the sale of alcoholic beverages even though the workers sold the beer to E in a singing practice room operated by the defendant of mistake of facts, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment

B. The sentence imposed by the court below on the defendant (the fine of 2.5 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged against the violation of the Music Industry Promotion Act due to the sale of alcoholic beverages is a person who operates a “Dking practice room” under the Seocho-gu Seoul Metropolitan Government C underground.

On February 12, 2014, around 21:38, the employees of the defendant sold two cans, which are alcoholic beverages, to E, customers in the above singing practice room.

B. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, the aforementioned evidence alone is difficult to readily conclude that the instant beer was a alcoholic beverage not an alcoholic beverage with no alcohol, and there is no other evidence to prove otherwise in this part of the facts charged. (A) On the screen of the instant site, the screen picture with the beer’s contents on the instant cup is taken, and it cannot be seen that the beer’s general beer or alcoholic beer’s beer’s beer and can not be seen otherwise.

B) Although the petition submitted by E to an investigation agency stated to the effect that “the proof of the authenticity is difficult to prove that it is not a low alcohol if it is see the screen,” it is a general beer because the pertinent video alone is not a general beer or anless alcohol beer, as seen earlier. C) in the court below’s decision, since the instant beer was offered as a cup cup, it is a general beer.