The prosecutor's appeal is dismissed.

In full view of the evidence that correspond to the facts charged in this case, it is reasonable to see that the business in this case constitutes a food manufacturing business, but the court below deemed it a business among food entertainment business and acquitted the defendant on the facts charged in this case. The court below erred in the misapprehension of facts.

In addition, even if the business of this case constitutes a food entertainment business, the court below did not judge whether the defendant's act constitutes a legitimate common use of cooking.

Judgment

In the relevant legal principles, the recognition of facts constituting an offense ought to be based on strict evidence with probative value that leads a judge to have such a degree that is not likely to have a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, even if there are suspicions of guilt, such as inconsistency with the defendant’s assertion or defense or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). In addition, in light of the fact that one criminal appellate court has the character as a post-trial trial even after the fact that it has the nature as a follow-up trial and the spirit of substantial direct deliberation as prescribed in the Criminal Procedure Act, it is difficult for the first instance court to exclude a reasonable doubt after undergoing the examination of evidence, etc.

In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely

The facts charged are affirmed and convicted.