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(영문) 대법원 2019.02.14 2018도17094

의료기기법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the crime of violating Article 52(1)1 of the Medical Devices Act and the mistake of law under Article 16 of the Criminal Act, or omitting necessary judgment, contrary to what is alleged in the grounds of appeal.

In addition, the argument that Article 6 (2) of the Health Functional Foods Act, which provides that a certain business facility shall be installed and reported to the competent authority in order to engage in the sale of health functional foods, violates the Constitution, is asserted in the ground of appeal by the defendant, or the court below did not consider it as the subject of judgment ex officio, and it does not constitute a legitimate ground of appeal, and even if examining it ex officio, the above provision of the Act

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