관세법위반
The prosecutor's appeal is dismissed.
1. In full view of the legislative intent of the Food Sanitation Act, which was enacted to prevent sanitary harm caused by foods, promote the qualitative improvement of food nutrition, and provide correct information on foods, and thereby contribute to the improvement of national health, each of the instant goods is subject to import declaration, and does not constitute machinery that need not be reported to the Korea Food and Drug Administration under the attached Table of the Enforcement Rule of the Food Sanitation Act, but the lower court acquitted the Defendant by misapprehending the legal doctrine.
2. The lower court, based on its stated reasoning in the part on “2. Judgment” of the lower judgment, determined each of the instant goods under attached Table 4 of the Enforcement Rule of the former Food Sanitation
1. (e);
As the report on the Korea Food and Drug Administration by Korea Food and Drug Administration is not necessary, the defendant filed an import declaration on each item of this case to the customs office for "influence of food and plant" different from the actual one, and did not undergo an inspection
Even if it cannot be deemed that the conditions under the statutes are not met, and the evidence submitted by the prosecutor alone is insufficient to recognize that each of the goods of this case did not meet the conditions necessary for import under the statutes, and the defendant was acquitted on the ground that there is no other evidence to acknowledge
In a thorough examination in accordance with the records and legal principles of this case, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles 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 ground that it is without merit. It is so decided as per Disposition.