A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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

Nevertheless, from December 2, 2019 to March 16, 2020, the Defendant, without reporting to the competent authorities, was equipped with approximately 16 square meters of floor area, two rooms, six tables, six air conditioners, and one kitchen in the name of Yeonsu-gu Incheon Metropolitan City B, and operated general restaurants with an average of KRW 50,000 per day after cooking and selling ducks to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs, details of 112 reports;

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

1. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, continues to engage in business without taking any measures despite having been sentenced to a fine by the court several times due to the same type of business as the instant criminal facts.

However, the sentencing conditions stated in the records of this case, including the fact that the defendant has no criminal records exceeding fines and the fact that he/she has inevitably caused the crime to be punished for his/her grandchildren' school expenses, etc., shall be determined as ordered by taking into account the following circumstances, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.