The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. The crime of this case is a case in which the defendant runs a restaurant business without filing a business report within the water source protection zone, and the liability for the crime is not less light in light of the legislative purport of the Food Sanitation Act. However, considering the following factors: the defendant's error is recognized and against himself; the defendant's business size (it is about 3.3 square meters in a space) is not smaller than the defendant's operating period; the defendant's business facilities are all removed after the detection of this case; the defendant appears to have not obtained any particular benefit; the defendant's crime of this case seems to have no record of punishment for the same crime; the defendant's age, sex, environment, family relationship, motive for the crime, circumstances after the crime, etc., it is determined that the court below's punishment is unfair by taking into account various sentencing conditions as stated in the records and arguments of this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. The sentencing criteria are not set for offenses against which the sentencing criteria are not applied.

3. Determination of sentence;