However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

1. Any person who intends to operate a resting restaurant in violation of the Food Sanitation Act shall report to the competent authorities;

Nevertheless, the defendant from May 16, 2017 to the same year.

7. 21. 경까지 관할 관청에 신고하지 아니하고, 남양주시 B에서 ‘C' 라는 상호로 약 26㎡ 의 공간에 찜 기 20개 등 조리시설을 갖추고 그곳을 찾는 손님들에게 월 평균 약 620만 원 상당의 찐빵 및 만두 등을 조리 ㆍ 판매하여 휴게 음식점 영업을 하였다.

2. Any person who intends to newly construct, extend, rebuild, rebuild, relocate, alter, alter, remove, etc. a building or any other structure within a water source protection area in violation of the Water Supply and Waterworks Installation Act shall obtain permission from the competent authority;

Nevertheless, on May 2014, the Defendant newly constructed a building of approximately 26 square meters in a steel structure and a vinyl structure without obtaining permission from the competent authorities in the place specified in paragraph 1, which is a water source protection area.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement D and E;

1. Application of Acts and subordinate statutes on field photographs of unreported business activities;

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act (the place of business not reported), Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act, and Article 87 (4) of the Water Supply and Waterworks Installation Act (the place of construction of an unauthorized building) of the same Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following sentencing is considered as favorable to the court below)

1. 주장의 요지 피고인은 완제품 찐빵 및 만두를 개봉하여 데운 것에 불과 하고, 이러한 행위는 식품 위생법 시행규칙 제 2조 [ 별표 1]에 비추어 볼 때 영업신고 없이도 할 수 있는 것이므로, 식품 위생법 위반죄가 성립하지 않는다.

2. According to Article 37(4) of the Food Sanitation Act, a person who intends to engage in food entertainment business shall report to the competent market, and the Food Sanitation Act.