건강기능식품에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Although the advertisement text of this case alone contains an error of misunderstanding of facts or misunderstanding of legal principles because it is difficult to see that the indication or advertisement goes beyond the limit as the advertisement for health functional foods and is likely to have efficacy or effect in the prevention and treatment of diseases, or to be mistaken or confused as medicine, the court below found the defendant guilty. Thus, the judgment of the court below is erroneous in the misunderstanding
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor, in the trial of the case, applied for changes in the indictment to delete the part of "D" products, which are functional health foods, "D" in Part 4 of the indictment, from among the facts charged in the case of this case, by posting an explanation "domination to reduce risk of occurrence of sacitys". This court permitted the above, and thus, the judgment of the court below cannot be maintained in this respect.
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, and this will be examined below.
3. Judgment on misconception of facts or misapprehension of legal principles
A. When interpreting the meaning of Articles 3 subparag. 1 and 18(1) and (2) of the Health Functional Foods Act, and Article 21 of the Enforcement Rule of the Health Functional Foods Act, Article 18(1) of the same Act cannot be deemed as prohibiting all labeling or advertising of the pharmacological efficacy of health functional foods. Even if such labeling or advertising is an indication or advertisement, it is an indication or advertisement of the effect incidental to health functional foods or resulting from taking nutrition within the intrinsic limit of the efficacy of health functional foods.