The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the instant business establishment of mistake of facts, there is no separate space for dancing, and since customers have dance in line with music, the Defendant cannot be viewed as running an entertainment drinking house business.

B. The lower court’s sentence of an unreasonable sentencing (a fine of four million won) imposed on the Defendant is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

A prosecutor has filed an application for modification of an indictment with the purport that “from December 21, 2013 to January 12, 2014” was changed to “from December 21, 2013 to June 1, 2014” of the three indictments in the instant case, and the judgment of the court below is no longer maintained inasmuch as the subject of adjudication was changed by this court’s permission.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.

3. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the following facts are acknowledged: ① the instant business establishment has no separate stage, but has special lighting equipment such as sound equipment and computers, radars, space, and neons capable of manipulating them; ② there are some space between the table table of the instant business establishment and the table table, and the passage between the table table and the table table, and customers have a free dancing in that space; ③ even at the time of the control of the instant business establishment, the users were working for the instant business establishment and had a dance under the lighting.

According to the above facts, the defendant did not have a separate stage in the business of this case.

Even if customers are provided with a space for dancing in music, the business of this case is the place where customers are in the main business form.