A defendant shall be punished by imprisonment for six months.

However, 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

Defendant

A while operating a food subdivision and sale business in the name of "E" on the Seo-gu Busan Metropolitan City D and 2 from June 29, 2013 to February 5, 2016, a business operator did not comply with the matters to be kept for sale and distribution purposes by keeping 310.8kg in total of 37 boxes (each 8.4km) in the freezing warehouse located in Busan Seo-gu from June 28, 2013 to June 28, 2013, and from April 19, 2014 to February 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place and the Director of the Entrusted Property Office;

1. List of seizure and protocol of seizure;

1. Application of Acts and subordinate statutes governing field inspection photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) of the same Act concerning selective punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing period under Article 62-2 of the Social Service Order Criminal Act was considerably high in quantity of food materials, the distribution period of which has expired for the purpose of sale and distribution, and the storage period was considerably long. Considering the social adverse effects and risk that may arise from such act, the issue needs to be subject to reasonable punishment on the ground that the case is not less complicated (in this regard, the sentence of imprisonment shall be chosen regardless of the punishment by the prosecution). However, in light of the circumstances, such as the fact that the defendant's mistake is recognized, the fact that the defendant has no record of criminal punishment, and the fact that the defendant actually sold or distributed the food materials in custody for the above crime is difficult to find, the execution of the sentence shall be suspended for a certain period of time, and community service business shall be ordered.

The above circumstances include the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.