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(영문) 대법원 2016.12.15 2016도16519
식품위생법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted the Defendant of fraud among the facts charged in the instant case

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to reverse the judgment of the first instance that found the Defendant guilty on the violation of the Food Sanitation Act among the facts charged in the instant case on the grounds as stated in its reasoning, and to have acquitted the Defendant. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the concept

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

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