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(영문) 춘천지방법원 2017.06.29 2016노591

식품위생법위반

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. Defendant B (misunderstanding of the law), Internet B (G, hereinafter “Wlogs of this case”), indicating the ingredients contained in mixed drinks and the efficacy of the pertinent ingredients as they are, and indicating efficacy, the source of data is indicated, and in light of the content of the D’s pattern or printed and promotional attachment of DC, D might be confused as medicine or health functional food.

Nevertheless, the judgment of the court below which found Defendant B guilty is erroneous in the misapprehension of legal principles.

2. Determination

A. Determination on Defendant B’s assertion 1) According to the evidence duly adopted and examined by the lower court, the following facts are acknowledged.

A) The results of the examination on E issued on July 18, 201 by the Director of the Korea Food Research Institute are indicated as containing yellow, fluorum, and accelerators in the above spring water.

B) Under the title of “clean and clean water E” on the first screen of the instant Brogs, “D” is a algorihy’s plant in the Musansan of Gangwon-do, with groundwater of 480 meters underground, in the Musansan of Gangwon-do, containing natural leads (such as yellow, fluium, accelerator, hydrogen ion, etc.).

“.......”

C) The “product information” column of the instant Brog consists of four pages, namely, product guidance, food “sulphy,” “suled,” “suled,” and “sulphy excellenceed,” and the contents indicated on the pertinent stamp are as follows.

“Information on Products” has been born as drinking water.

(b) At the risk of drinking water, E’s drinking beverages are at the same risk.

(b) In May 2005, the current affiliated research institute is actively conducting research on Atotopy, disguised disease, urine, urology, high blood pressure, skin disease, etc. with permission for drinking water from Chuncheon City in Gangwon-do.

(m) The natural food with outstanding absorption in the human body can be easily taken in.

E. This is applicable in E.