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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A person who intends to engage in general restaurant business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu, the branch office of a Special Self-Governing City, the Special Self-Governing
Nevertheless, from January 2017 to July 13, 2017, the Defendant operated “C” without filing a report with the competent Gu office in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and operated two air conditioners (45,000 won), and operated a general restaurant with an average of approximately KRW 300,000 per day by installing two air conditioners, table 28, and gas facilities in the said establishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A letter of business trip;
1. Application of the Acts and subordinate statutes governing the violation;
1. Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the same Act concerning facts constituting an offense, and Articles 97 and 37 of the same Act concerning selective punishment, and selection of imprisonment;
1. According to Article 62(1) of the Act on the Suspension of Execution, all the kinds of sentencing conditions revealed in the instant case, including business size, period, age, sex, environment, health conditions, circumstances leading to the commission of the crime, and motive of the crime, etc., shall be comprehensively considered and determined as ordered in light of the following factors: (a) the circumstances unfavorable to the reasons for the sentencing under Article 62(1) of the Criminal Act (the recidivism of the crime committed several times, despite the fact that the punishment was imposed several times for the same type of crime); (b) favorable circumstances (the fact that the crime is recognized and reflected;