건강기능식품에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the prosecutor's appeal is as follows: the defendant delivered information about mmM raw materials to the Internet newspaper "F" and paid the plaintiff fee; and the above "F" published newspaper articles (hereinafter " newspaper articles of this case") the same as the facts charged of this case. Thus, although it can be acknowledged that the defendant directly made indications and advertisements that are likely to mislead, mislead, or confuse consumers, such as the facts charged of this case, or made exaggerated indications and advertisements, the court below acquitted the defendant of the facts charged of this case, the facts charged of this case are erroneous.
2. According to the evidence duly adopted and examined by the court below, the court below held that the defendant could not be deemed to have directly advertised the newspaper article of this case, since it is acknowledged that the defendant delivered information about E by telephone to the reporter affiliated with F, and sent a photograph of the product, and that the newspaper article of this case was prepared on January 3, 2015, and posted on January 3, 2015, but the defendant directly prepared and transmitted the contents of the newspaper article of this case to F, or there is no evidence to prove that the defendant directly participated in the contents of the newspaper article of this case or that the reporter affiliated with F was prepared only with the information received from the defendant without obtaining information from sources other than the defendant. In light of the judgment of the court below and the court below compared with the evidence duly adopted and examined by the court below, the judgment of the court below is just, and there is no error of law by mistake as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.