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(영문) 대법원 2018.07.20 2018도6412
식품위생법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine as to the display advertisement, contrary to what is alleged in the grounds of appeal, by misapprehending the legal doctrine on Article 16 of the Criminal Act or Article 13(1) of the Food Sanitation Act, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below contains an error of law by misunderstanding the legal principles as to the rights under the Patent Act or the principle of statutory punishment, is not a legitimate ground for appeal, since the defendant asserts that it was not the ground for appeal or that the court below was not subject to an ex officio

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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