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(영문) 대법원 2021.02.04 2020도262

건강기능식품에관한법률위반

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendants on the charges charged on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “an indication or advertisement that is different or exaggerated from the fact” as prescribed by Article 18(1)2 and 3 of the former Health Functional Foods Act (amended by Act No. 15480, Mar. 13, 2018) and “an indication or advertisement that might mislead, mislead, or cause confusion to consumers”.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.