The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the judgment of the first instance that acquitted the Defendant, and sentenced the Defendant guilty.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “advertisement” under Article 13(1)1 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016) and Article 18(1)1 of the Health Functional Foods Act, contrary to what is alleged in the grounds of appeal.

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