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(영문) 대법원 2019.07.25 2019도7200
건강기능식품에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant of violation of the Health Functional Foods Act as to the part of the facts charged in the instant case, on the grounds that there is no proof of crime or no crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on “false and exaggerated indication and advertisement” under Article 18(1) of the former Health Functional Foods Act (Amended by Act No. 15480, Mar. 13, 2018).

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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