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(영문) 대법원 2016.09.28 2016도7010
보건범죄단속에관한특별조치법위반(부정식품제조등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the Defendant asserted that the sentencing was unfair, and that there was a misunderstanding of legal principles, but revoked the grounds for appeal as to mistake of facts and misunderstanding of legal principles on the fourth trial date of the lower court.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

In addition, Article 10 of the Act on Special Measures for the Control of Public Health Crimes cannot be deemed as unconstitutional in violation of the principle of clarity and the principle of equality only with the grounds pointed out in the grounds of appeal. Therefore, the argument that the above provision is unconstitutional cannot be accepted.

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

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