식품위생법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.
2. Ex officio determination
A. Where a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent, and the benefit and protection of the same legal interest is identical, each of these acts shall be punished by a single comprehensive crime (see Supreme Court Decisions 96Do417, Apr. 23, 1996; 2005Do4886, Sept. 29, 2005). (b) According to the records, each of the crimes ordered by the court below is a number of acts falling under the name of the same crime committed under the single and continuous criminal intent, and its benefit and protection of the law are identical, each of the crimes as indicated in the judgment of the court below shall be punished by a single crime.
In the Daegu District Court Decision 2016No. 419 decided June 22, 2016, that several false or exaggerated advertisements related to food constitute a comprehensive crime under Article 95 subparag. 1 and Article 13 subparag. 1 subparag. 2 of the Food Sanitation Act.
The above judgment was affirmed by the Supreme Court's dismissal judgment (Supreme Court Decision 2016Do10760 Decided September 28, 2016).
Therefore, the judgment of the court below, which determined the punishment of aggravated concurrent crimes within the scope of punishment imposed on the premise that each of the above crimes is in the relation of substantive concurrent crimes, is erroneous in the misapprehension of legal principles as to the number of crimes committed in violation of the Food Sanitation Act,
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, on the grounds that the court below's ex officio reversals the above Paragraph 2. The judgment below is reversed, and it is so decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 94(1) of the relevant Act and the former Food Sanitation Act (amended by Act No. 12390, Jan. 29, 2015) regarding criminal facts.