beta
(영문) 수원지방법원 2015.03.25 2014노4993

식품위생법위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A. The verdict against Defendant A is not guilty.

Reasons

1. According to the statements at F's police and the court below's decision, H, and I's police officers' statements, Defendant A can sufficiently recognize the fact that Defendant A purchased the instant products (hereinafter referred to as "the instant products") and explained that the said products have medical efficacy and efficacy, and that “B summary & explanatory note” was seized at the office of Defendant B Co., Ltd. (hereinafter referred to as "B"), even though the facts that Defendant A visited the said company at the time of the above company were distributed to F et al., the court below found Defendant A not guilty of the facts charged of the instant products. Thus, the court below erred by misapprehending the facts.

2. Ex officio determination on Defendant A

A. Prior to the judgment on the grounds of appeal by the prosecutor for the alteration of the subject matter of a trial following the alteration of indictment against Defendant A, the prosecutor examined the subject matter of the trial ex officio, and the prosecutor raised the facts charged against Defendant A in the trial below.

B. (1) The “a summary of the facts charged against Defendant A” stated in the “a summary of the facts charged,” and the applicable provisions of law added the “Article 30 of the Criminal Act” to the applicable provisions of the Act, and the subject of the judgment was changed by this court.

Therefore, this part of the judgment of the court below is no longer maintained.

However, the prosecutor's assertion of misunderstanding of facts against the defendant A is still subject to the judgment of this court, despite the above reasons for ex officio destruction.

B. The prosecutor’s assertion (1) The person charged with the defendant A is not required to make a false indication or an exaggerated advertisement with regard to the name of food, etc., manufacturing method, quality, nutrition labelling, and food traceability labelling, and an exaggerated package is not allowed for packages, or food or food.

참조조문