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(영문) 대법원 2016.04.28 2016도2154

건강기능식품에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly adopted by the court below and the first instance court, it is just to find the Defendants guilty of all the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on “an advertisement with a description that is likely to have efficacy in the prevention and treatment of diseases, or to cause confusion as medicine,” as provided in the former Health Functional Foods Act (amended by Act No. 12669, May 21, 2014).

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.