A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

그럼에도 피고인은 2016. 5.경부터 2016. 7. 13.경까지 광주 북구 B에서 ‘C’라는 상호로 탁자, 냉장고, 가스레인지 등 음식점 영업에 필요한 조리시설을 구비하고, 음식류인 닭백숙, 닭볶음탕 등과 주류인 소주, 맥주 등을 불특정 다수에게 판매하여 관할관청에 신고하지 아니하고 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Application of statutes on site photographs;

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the Gwangju Northern Northern District B is located in a water source protection area, where the report of general restaurant business cannot be accepted at the beginning. The Defendant has repeated the act of general restaurant without reporting from March 20, 200 at the above place and has been past seven times of fine due to the expansion of its business size. Nevertheless, since the Defendant committed the instant crime again without being aware of, the Defendant had committed the instant crime, it is deemed that the Defendant would not have any particular effectiveness in suppressing the suppression of recidivism caused by the repeated crime, the Defendant shall be selected to be sentenced to imprisonment, taking into account the following circumstances: (a) there is no criminal history exceeding the fine; and (b) the enforcement of the instant crime shall be suspended at this time, taking into account the fact that there is no criminal history