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(영문) 대법원 2017.07.18 2016도14358
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendants was guilty of the facts charged in the instant case (excluding the portion of innocence) on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on Article 13(1)2 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 201

2. Examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which found the defendants guilty and to find the defendants not guilty on the grounds that all of the facts charged of this case, including import, transportation, storage, manufacture, subdivision, and sale of food, etc., and violation of the Act on Special Measures for the Control of Health Crimes (such as manufacturing illegal food, etc.), among those of the facts charged of this case against the defendants, have no proof of crime, and there is no error of law by misunderstanding facts beyond the limit of free evaluation principle in violation of logical and empirical rules or by misapprehending the legal principles on food sanitation law, as alleged in the grounds of appeal.

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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