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(영문) 인천지방법원 2013.05.03 2013노57

식품위생법위반

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants supplied the Defendants’ “F” chain stores to the Defendants (hereinafter “F”), the Defendants supplied the packages, etc. bearing the phrase “100% natural acid business” to the said chain stores, the Defendants did not constitute a false indication because they are included in the natural chain stores. However, even if they constitute a false indication, the said phrase is not only an expression used in large business entities or broadcasting programs, but also an expression used in each product labelling item of the table for the Defendants supplied by J and K, and there was no intention to make a false indication to the Defendant A in light of the fact that the Defendants expressed each “the name and content of the raw materials” 10% of the product labelling items of the table supplied by J and K.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Judgment on the defendants' assertion of mistake of facts

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above phrases used by the defendant A are false, and the above defendant was aware of dolusence and false indication as above.

1) The Food Industry Code, in which the Commissioner of the Korea Food and Drug Administration determines and publicly notifies the standards and specifications pursuant to Article 7(1) of the Food Sanitation Act, classify crude oil or processed products as processed products, such as natural ches, processed ches, etc. manufactured and processed with raw materials as principal ingredients. Meanwhile, the mother measures defined as “maintenance of food, vegetable whites, or their processed products with food or food additives as principal ingredients, which are manufactured with food or food additives,” and there is no term “natural vegetable products” used by the Defendant, not “natural vegetable products.”