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The judgment below
Among them, the violation of the Food Sanitation Act due to the storage of non-labeled foods shall be reversed.
Each of the Defendants.
Reasons
1. The progress of the lawsuit of this case and the scope of the judgment of this court
A. The prosecutor charged the Defendants with the violation of the Food Sanitation Act due to the storage of unreported foods and the violation of the Food Sanitation Act due to the sale of foods due to the expiration of the circulation period. The lower court convicted the Defendants of all the above charges, and sentenced them to one year of imprisonment, two years of suspended execution, and probation, and sentenced Defendant B to ten months of imprisonment, two years of suspended execution, and probation.
The Defendants appealed from the lower judgment on the grounds of unreasonable sentencing on the part of the crime of violating the Food Sanitation Act due to the storage, etc. of unreported foods on the grounds of erroneous determination and misapprehension of legal doctrine.
On the grounds that ex officio a penal provision violates the principle of prohibition of comprehensive delegation, and thus, constitutes a case that does not constitute a crime, the court below acquitted the Defendants on the violation of the Food Sanitation Act due to the sale of food after the expiration of the distribution period, and accepted the Defendants’ appeal on mistake of facts and misapprehension of legal principles, and rendered a judgment of not guilty on the Defendants on the grounds that it is difficult to deem that the Defendants are cases where foods are imported, displayed, transported, or used for business for sale, which are prohibited acts under Article 10(2) of the former Food Sanitation Act (amended by Act No. 15484, Mar. 13, 2018; hereinafter “former Food Sanitation Act”), and thus, it is difficult to deem that the Defendants constitute cases
A prosecutor filed an appeal on the violation of the Food Sanitation Act due to the sale of foods after the expiration of circulation period, on the ground of the misapprehension of the legal principle as to the violation of the Food Sanitation Act due to the storage of non-labeled foods.
The Supreme Court has accepted the appeal on the misapprehension of the legal principles of prosecutor.