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(영문) 대법원 2015.03.26 2014도8564

식품위생법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds of appeal, the lower court’s determination that the Defendant was guilty of violating the Food Sanitation Act due to advertisements that might mislead the Defendant as medicine among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.

2. Examining the prosecutor’s grounds of appeal, it is justifiable to reverse the judgment of the court of first instance that found the Defendant guilty on the ground that there is no proof of crime regarding the violation of the Food Sanitation Act due to the sale of food that does not meet the standards and specifications among the facts charged of this case, and to

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.

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

참조조문