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

Anyone who intends to operate a resting restaurant business shall report to the head of the competent Gu.

그럼에도 불구하고 피고인은 관할 구청장에게 신고하지 아니하고 2018. 7.경부터 2019. 1. 17.까지 사이에 창원시 성산구 B아파트 내 노상에 현수막을 설치한 다음, 가스레인지, 튀김솥, 가마솥, 찜솥냉장고, 강정보관통, 식재료 등을 갖추어놓고 그 곳을 찾아오는 성명불상의 손님들에게 그 즉석에서 돈까스, 닭강정, 육개장 등을 조리하여 판매하는 등 하루 평균 약 30만원의 매상을 올리는 휴게음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written accusation (a written confirmation and attachment of photographs);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution is that the defendant's business of resting restaurants is deemed to have considerable harm to food sanitation, and the size and period of the business shall not be minor;

The Defendant was punished four times as a fine for the same crime, but did not know of the past, and repeated the crime of this case in a short period.

On the other hand, the Defendant recognized the crime of this case and the liability incidental thereto.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.