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The appeal is dismissed.
Reasons
1. Of the judgment below, the prosecutor appealed on the guilty portion among the judgment below, but did not submit the grounds for objection.
2. We examine the grounds of appeal as to the acquittal portion of the judgment below.
Pursuant to Articles 14 and 6(1)1 of the former Act on Origin Labeling of Agricultural and Fishery Products (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Act”), the act of making a false indication of origin or making an indication that may cause confusion with it is punished.
In addition, Article 6 (3) of the Act provides that matters necessary for indications, etc. that may cause confusion about the country of origin shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries,
Accordingly, Article 4 [Attachment 5] of the Enforcement Rule of the Act on Origin Labeling of Agricultural and Fishery Products (amended by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries No. 333, Jan. 8, 2013, and enforced June 28, 2013) provides that "a mark that may cause confusion with the country of origin is marked with the country of origin in the indication of the country of origin, but it refers to a mark that misleads the country of origin by attaching a similar mark on packaging materials, sign signs, publicity materials, or other similar places, such as packaging materials, sign, publicity materials, etc., although it is marked with the country of origin" in the indication of the country of origin, and the name of a region where a consumer can easily see, such as the front of packing materials, is marked with a large letter
In full view of the relevant provisions, the act of using packaging materials with the name of the production area of domestic famous special products is distinguishable from the “an act of falsely indicating the place of origin” as provided in Article 6(1)1 of the Act and “an act of making a mark that may cause confusion as to the place of origin”. In the indication column of origin, using packaging materials with the name of the production area of domestic famous special products is likely to cause confusion as to the place of origin.