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(영문) 대법원 2018.11.29 2018도12582
건강기능식품에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the relevant legal principles and the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable.

In the lower judgment, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on “advertisement” as prescribed in Article 18(1)1 of the former Health Functional Foods Act (wholly amended by Act No. 15480, Mar. 13, 2018) and Article 13(1)1 of the Food Sanitation Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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