식품위생법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The defendant does not pay the above fine.
1. The summary of the grounds of appeal 1) Other general information about the misunderstanding of facts and misunderstanding of legal principles and the efficacy and effectiveness of the first place through Internet, etc. also presents the same efficacy as that mentioned in the advertisement in the judgment of the court below (hereinafter “the advertisement in this case”). Thus, it is difficult to view the advertisement in this case as an exaggerated advertisement.
2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.
However, although there are reasons for reversal of authority above, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.
3. The lower court’s determination on the assertion of misunderstanding the facts and legal doctrine is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. i.e., ① the instant advertisement appears to be likely to mislead or confuse the Defendant’s health assistive food (which is the 31th page of the investigation record) as “health assistive food,” and ② the type of the disease as referred to in the instant advertisement appears to be “pulmonary disease”, “breathum salt,” “urine,” “non-fatum pressure,” “high blood pressure,” “fatum pressure,” “fatitis,” “pathitis,” “pathum infection,” “patum,” “catum,” “patum,” “patum,” “patum,” “fatum,” “fatum,” “fatum,” “fatum,” and “all kinds of diseases,” and ③ the instant advertisement appears to be “patching the catumonic pressure,” at the same time.