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The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for four months.
(b).
Reasons
1. The summary of the grounds for appeal 1) Defendant A’s punishment (six months of imprisonment and two years of suspended sentence) is too unreasonable.
2) Prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (as to the part not guilty in the lower judgment against the Defendants), ① Defendant A has efficacy and effect on the prevention and treatment of a specific disease by oral lectures against many people.
(1) No person shall make any of the following false, exaggerated, or secret labeling or advertising with respect to the name of food, etc., manufacturing method, quality, nutrition labelling, genetically modified foods, etc., and the indication of tracking and managing food history, and no person shall make any exaggerated packaging for packages:
The same shall also apply to the nutritional value of foods or additives, raw materials, ingredients, and uses.
(2) The scope of false labelling, exaggerated advertisements, slandered advertisements, and over- packings under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Prime Minister;
(1) The scope of false labelling and exaggerated advertisements under Article 8 (1) 2 of the Enforcement Rule of the Act (the scope of false labelling, exaggerated advertisements, slandered advertisements and exaggerated packaging) (1) The scope of false labelling and exaggerated advertisements under Article 13 of the Act shall be any of the following acts among the acts of indicating or informing the name, manufacturing method, quality, nutritional value, raw materials, ingredients, or use of foods, etc. by means of containers, packages, radio, television, newspapers, magazines, music, video, printed materials, signboards, Internet, or other means:
2. Indication and advertisement (as regards Defendant D, E, F, G, and I, Article 13(1)1 and 13(2) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016) for the purpose of preventing or treating a disease.