A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who establishes and operates a mutually packed horse in Pyeongtaek-si B.

Any person who intends to operate a general restaurant business shall report to the competent authorities.

그럼에도 불구하고 피고인은 관할관청에 영업신고를 하지 아니하고, 2018. 7. 30.경부터 2018. 10. 14.경까지 위 ‘C’에서 냉장고, 수족관, 씽크대 등 조리 및 편의시설을 갖추고 그곳을 찾는 불특정 다수의 손님들을 상대로 대하구이, 전어회, 산꼼장어 등 수산물과 해물파전, 칼국수, 라면 등의 음식을 조리, 판매하여 1일 평균 약 80만원의 매출을 올리는 방법으로 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. In light of Article 62(1) of the Criminal Act, the size and sales of a business establishment operated by the defendant for the reason of sentencing as well as the fact that the defendant continued to operate the business even after the enforcement, etc., the crime liability is not less exceptionally considered, but the fact that there was no record of the same crime, the confession and reflect of the crime of this case, the closure of the restaurant, and the fact that the restaurant will not be re-offending.

The sentence shall be determined as per the Disposition, taking into account such circumstances as well as various sentencing conditions as shown in the argument of this case.