친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. No person who is the summary of the facts charged of the instant case shall advertise any non-certified product as a certified product, or advertise any product in a way that misleads people into thinking it is a certified product, or advertise in a way different from the certified product;
From August 10, 2016 to September 23, 2016, the Defendant, while operating “D” in the East Sea C from August 10 to September 23, 2016, sold eggs, which did not obtain agricultural product certification from non-pest-free products, through an Internet site, G market, and 11-A, advertised “ pesticide-free eggs” on the said site.
2. Determination:
A. The prosecutor indicted the Defendant for the following reasons: (a) the Defendant’s act of advertising Arabic eggs that did not receive certification on the Internet site, such as a rooftop, constitutes “an act of advertising in order to mislead the Defendant into being aware of agricultural products other than human products as certified products” under Article 30 Subparag. 8 of the Act on the Promotion of Environment-Friendly Agriculture Business and the Management of and Support for Organic Food, Etc. (hereinafter “former Environment-Friendly Agriculture Act”).
B. (1) According to the evidence duly adopted and examined by this Court at the issue of this case, the defendant, as stated in the facts charged, sold eggs that the defendant did not have been certified as agricultural products without agricultural chemicals through the Internet site, such as Audio, and advertised "Pacococococoin" as stated in the facts charged.
Therefore, the key issue of the instant case is whether the Defendant’s advertisement “Amhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
(2) The interpretation of penal law must be strict, and it is not permitted to excessively expand or analogically interpret the meaning of penal law in the direction unfavorable to the defendant as it goes against the principle of statutoryism.
Environment-friendly farming and fishing industry and management and support for organic food, etc.