식품위생법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendants advertised to the Internet for sale of the first call note E and F; (b) the Defendants violated the Food Sanitation Act by advertising to the effect that they have the function of “aviation cancer, immunodeficiency improvement, and prevention of skin aging”, which is generally known to the above two call forms as medicine, and thus, (c) the Defendants’ above advertising act did not amount to the extent that they mislead consumers into confusion and misunderstanding the said two call forms as medicine.
In conclusion, there is an error of misunderstanding of facts and misunderstanding of legal principles.
2. Examining the evidence duly adopted and examined by the court below and the circumstances presented by the court below on the grounds of innocence closely with records, the judgment of the court below is just and it is not erroneous in the misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor (the judgment of Suwon District Court 2014 High Court 6155, which is attached to the written opinion submitted by the prosecutor to this court, differs from this case). 3. Thus, the prosecutor's appeal is without merit, and it is so decided as per Disposition by the assent of all participating Justices.