식품위생법위반
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that the defendant sold the dogs and products manufactured by the Defendant, and as if he had a direct effect on the treatment or prevention of diseases, the court below found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a person who engages in a stone-sale manufacturing business, namely, in the name of “C” in Daegu-gu B.
No one shall place an advertisement that contains efficacy or effect in preventing and treating diseases with respect to foods, or that is likely to cause confusion as medicine or health functional foods.
Nevertheless, from May 2015 to May 9, 2016, the Defendant sold samples manufactured through the Internet homepage (D) of the above C, and on the Internet homepage, “I am hye the crye of the crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-crye-sye-sye-
Desssututic deution has an effective status on adult diseases by lowering the adult disease prevention and the decrison numerical value among the bloods.
Desssssututics include two brain development, prevention of aging, prevention of desution, and diverse sutics.
The Dog-do-do-do-do-do-do-do-do-do-do-do-do-do.
“ ...........” advertisement
As a result, the Defendant advertised that food has efficacy in preventing and treating diseases.
B. The lower court’s determination 1) Article 13(1) of the Food Sanitation Act provides that “No person shall use the following false, exaggerated, or secret labelling or advertising with respect to the name of food, etc., manufacturing method, quality, nutrition labelling, genetically modified foods, etc., and the indication of tracking and managing food history; and no person shall use the exaggerated packaging in packaging:
The nutrition of food or food additives shall be limited to raw materials, ingredients, and uses.