1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

1. The sentence (1.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The fact that the Defendant recognized the instant crime as an initial offender with no record of the crime is against the Defendant, etc. is favorable.

However, the crime of this case is deemed that the defendant operated a general restaurant business under the trade name of "C" without reporting to the competent authority in the framework of the smuggling. In light of the legislative purpose of the Food Sanitation Act and the possibility of sanitary harm that may arise from the cooking and selling of food without reporting the business, the defendant's liability for the crime is light.

It is not possible to see that the competent authorities prior to the enforcement of the joint control of the instant case, sent a letter of public notice to conduct joint crackdown on the reported restaurant business, etc., and even through the media, the Defendant took the above business for his economic interest, even though advertising it through the media, and in the form of the instant crime committed by the Defendant, each of the instant offenses committed by the Defendant is repeated, and thus, it is necessary to ring the warning to the local community.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and background of committing a crime, means and consequence of a crime, and the circumstances after committing a crime, the sentence imposed by the lower court against the Defendant is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;