The judgment of the court below is reversed.

The Defendants are not guilty.

Summary of Grounds for Appeal

식품위생법 등 관계 법령 규정의 취지 및 내용을 체계적으로 종합하여 해석하면 향미유(香味油)를 제조하는 과정에서 혼합한 압착 참기름ㆍ들기름이 미량이라도 식품의약품안전처장이 고시한 식품의 제조ㆍ가공 기준에 위반한다고 보아야 하므로, 이와 다른 전제에서 피고인들에 대한 보건범죄단속에관한특별조치법위반(부정식품제조등)의 공소사실에 대하여 무죄를 선고한 원심 판결에는 향미유의 제조가공 기준에 관한 법리를 오해한 위법이 있다.

As seen after the trial was conducted in the previous trial, the prosecutor applied for amendments to the indictment to add the materials, ingredients, etc. of food or food additives to the effect that the violation of the Food Sanitation Act (in a manner that the defendant does not indicate the fact that he added 2% or 1% or 2% or more to the native oil that he manufactured and sold) is in a relationship of common concurrence with the previous facts. Since the subject of the trial was changed by the court of our country, the judgment of the court below cannot be upheld.

However, even if there are such reasons for ex officio destruction, the prosecutor's assertion of legal principles is still subject to the adjudication of the Korean court, and we will examine below.

Of the facts charged in this case, the point of violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Food, etc.) and the summary of the judgment of the court below among the facts charged in this case, the summary of the violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Food, etc.) among the facts charged in this case can not be mixed with other food maintenance in the cryp of the cryp, which was obtained by pressure under the food code (Food Code, the notification of the Ministry of Food and Drug Safety), which regulates manufacturing and processing standards of food, and the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp,