건강기능식품에관한법률위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal states that ① the Defendant may reduce the weight of the pertinent product only by intake, ② the content that a famous herb doctor may seem to guarantee the functionality of the product, ③ there is no indication advertisement that differs from the fact, such as experience devices related to the reduction of weight, or contains any indication advertisement that is likely to mislead consumers or to mislead consumers (misunderstanding of fact), and the lower court’s punishment is excessive in light of the motive of the instant crime and the circumstances before and after the instant crime (unfair sentencing).
A. According to the entry of the instant advertisement (the 2267th page or 2278 page of the investigation record) as to the assertion of mistake of facts, the weight of the pertinent product can be reduced only by the intake of the product.
“One company” or “one company has guaranteed quality.”
’ 는 단정적인 표현은 없으나 ‘ 운동 없이 맘껏 먹고, 맘껏 자고, 맘껏 놀고 다이어트 재반복이 없이 효과를 볼 수 있다.
“The”, along with the phrase, published the pictures that an oriental medical doctor flickly flicked L, and it is sufficient to see that the general consumer would take in the instant product without any additional effort, and that it would be confused as a product recommended by L, and that it was sufficient to see that L, an oriental medical doctor would have reached the target reduction, to see it as a campaign, and to see it as a campaign.
Inasmuch as the content of “the Defendant’s assertion is without merit,” it can be acknowledged that the Defendant posted the content that may lead to mistake as to the reduction of weight with experience.
B. As to the wrongful assertion of sentencing, the Defendant had been punished for the same kind of crime, and the Defendant applied for deliberation on the advertisement to the Korea Health Functional Association around December 29, 2015 and received orders for revision, but disregarded it and went to the instant crime. Nevertheless, it is urgent to reduce liability by denying part of the facts at the time of the trial.