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(영문) 서울서부지방법원 2015.09.25 2015노1140
식품위생법위반
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The website of a misunderstanding of facts Co., Ltd., separate from the shopping mall in which I products are sold, was inserted by the Defendant on the website that “G (Hw and 2004)” means “G (G),” the content of which is “G (Hwn, 204), thereby contributing to the prevention of alz’s disease, exemption from natural water, destruction of cancer cells, blood pressure control, reduction of the range of grat damage to snow and blood transfusion caused by urology, ventilation, ventilation, ventilation, anti-fratitis, prevention of frating, and anti-frating.”

The above notice content is merely an explanation of the pharmacological efficacy of widely known salt as it is, and it cannot be deemed as an advertisement that might cause confusion with medicine. However, the judgment of the court below convicts the defendant of the facts charged, which is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (1.5 million won of a fine) imposed on the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) No person who has a summary of the facts charged against the accused shall make any false, exaggerated, or negative indication or advertisement with respect to the name, manufacturing method, quality, nutrition labelling, etc. of foods, etc., with the effect or effect of preventing and treating diseases, or any mistake or confusion as to pharmaceutical products or health functional foods;

Nevertheless, the Defendant, at the office of the Defendant located in Eunpyeong-gu Seoul from October 29, 2012 to August 27, 2013, from around Eunpyeong-gu, and on the Internet homepage (F) of E Co., Ltd. (hereinafter “G (H, 2004”) the content of the book “G (H, 2004)” under the title “G (G)” under the Defendant’s management, is likely to cause salt to prevent alz diseases, to exempt natural exemption, to destroy cancer cells, to control blood pressure, to reduce the scope of damage to snow and blood transfusion caused by urology, tone, tone, tone, tone, tone, tone, tone, tone, tone, tone, to prevent the b

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