식품위생법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s respective sentences (a fine of KRW 700,000) against the Defendants are too unfasible and unreasonable.
2. Considering the purport of the Food Sanitation Act that aims to contribute to the improvement of the public health by preventing sanitary harm caused by the food to be determined, and providing correct information on the food, the criminal liability for the instant crime is not minor.
However, in full view of all the sentencing conditions including Defendant A’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., Defendant A’s confession and reflects the instant crime, and the product sold by the Defendants is not included in the human body ingredients, etc., it cannot be deemed that the lower court’s punishment against the Defendants is too unreasonable.
3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.