식품위생법위반
All appeals by the Defendants are dismissed.
All the costs of the trial by the court below and the trial by the court are borne by the defendants.
1. Summary of grounds for appeal;
A. Legal principles 1) Defendants are merely aware of the efficacy as food for melting, and there was no confusion or misunderstanding of melting as medicine. 2) pursuant to Article 8(2)2 of the Enforcement Rule of the Food Sanitation Act, labeling and advertising for foods for which business reports have not been made under the main sentence of Article 25(2)6 of the Enforcement Decree of the Food Sanitation Act is not considered as false labelling or exaggerated advertisements. Thus, Defendants’ act is not a crime.
B. The sentence of unfair sentencing (Defendant A: 2 years of the suspended sentence of imprisonment for six months; 80 hours in community service; confiscation; Defendant D: imprisonment for six months; two years of the suspended sentence of imprisonment for community service; fine of 2 million won in case of Defendant C; and fine of 1 million won in case of Defendant B) is too unreasonable.
2. Determination
A. Judgment of the court below on the assertion of legal principles is based on the evidence duly adopted and investigated by the court below, that the Nowon-gu's 1st head of the sales team of the instant establishment included the following phrases such as "air-proof germs flive flive flive flive flive flive flive flive flive flive flives", "non-flive flive flive flive flive flive flive flives", "nive 3 months", "open 6 months", "bral fl flive flive flive flives" (see the investigation record No. 194 page), and that the term "human flive flive flive flive flive flive flive flive flive flive flive flive fl."