건강기능식품에관한법률위반등
1. Prosecutor’s appeal against Defendant B is dismissed.
2. The part of the judgment of the court below against Defendant A
1. Summary of grounds for appeal;
A. Defendant A’s misunderstanding of facts and misapprehension of legal principles; Defendant A’s misunderstanding of facts and misapprehension of legal principles on the interpretation of the prohibition of importing and selling functional foods containing functional foods for drugs (Chapter 1) and intentional misunderstanding of the elements of a provision on prohibition (Chapter 1) (1) of this part of the Act on Health Functional Foods (hereinafter “Health Foods Act”), which is the prohibition provision on this part of the facts charged, shall not be deemed to satisfy the element of a crime by simply importing and selling functional foods manufactured using raw materials only for the purpose of medicine, and it shall be interpreted that the act satisfies the element of a crime. The act of importing and selling functional foods manufactured using the materials only for the purpose of medicine does not constitute an element of a crime. It shall be interpreted that the elements of a crime are satisfied only where it is objectively proved that the materials
However, the evidence submitted by the prosecutor alone cannot be deemed to have proved the harmfulness of the N-Aceh L-cyste (hereinafter “NAC”) contained in the “D” product.
(2) In addition, Defendant A was unaware of the fact that the NAC component was harmful to the human body; Defendant A was aware of its safety and functionality; thus, Defendant A did not have any intention to commit this part of the facts charged.
(3) Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, which found the Defendant guilty of this part of the facts charged.
B) Although Articles 24(2)3 and 44 Subparag. 7 of the former Health Functional Foods Act (wholly amended by Act No. 12669, May 21, 2014) apply to import and sale activities by at least February 3, 2017 among the facts charged under this part of the penal provisions (section II), Article 24(2)3 and Article 44 Subparag. 7 of the former Health Functional Foods Act shall be applied, the statutory penalty of which is increased (wholly amended by Act No. 14018, Feb. 3, 2016) is partially amended and enforced on February 4, 2017.