A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to conduct an ordinary restaurant business shall report to the competent authority.

피고인은 2015. 2. 4.부터 2015. 8. 25.까지 부산 북구 C에서 ‘D’ 이라는 상호로 35평 상당의 영업장에서 4인용 테이블 13개, 냉장고, 조리시설, 가스시설 등 영업에 필요한 일체의 시설을 갖추고 옻닭 1마리 35,000원, 옻오리 1마리 35,000원, 닭백숙 1마리 30,000원, 소주 3,000원, 맥주 3,000원 등의 가격으로 불특정 다수의 손님들에게 판매하는 등 관할관청에 신고하지 않고 일반음식점영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (No. 2 and 8 of the evidence list);

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that a fine was imposed on nine occasions due to the crime of the same kind, but the crime of this case was committed again. However, the circumstances, such as the fact that a living penalty was committed for the aged and the fact that his mistake was divided, are considered) or more.