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(영문) 창원지방법원 2018.05.25 2018노296
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) is as follows: (a) although the Defendant posted the follow-up appliances of users on the product advertising column for the products sold on the website; (b) however, consumers have the efficacy and effect of preventing and treating diseases; or (c) processed the name of specific disease, symptoms, etc. in attached Table in order to prevent any misunderstanding or confusion as to pharmaceutical products or health functional foods; (d) but did not violate the Food Sanitation Act, the lower court convicted the Defendant of the facts charged, thereby affecting the conclusion

2. Determination

A. The Defendant also asserted the same purport in the lower court.

According to the evidence duly adopted and examined by the court below, in order to promote the sale of the products he/she sells, the court below acknowledged the fact that the products sold in "C" have the effect of treating and preventing a specific disease or promoting the sale of the products to be seen as functional health foods by posting the users' s climate on the product advertising column.

The decision was determined.

B. In addition, the court below's aforementioned determination is just and acceptable in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the name of the disease, symptoms, effects, etc. processed in the attached Table can easily be inferred if consumers read the period after use notwithstanding the treatment attached to the defendant's attached Table, and the defendant's goods are likely to have efficacy, efficacy, or effect in the prevention and treatment of the disease, or to be mistaken for medicine or health functional food, and there is no error in the misapprehension of legal principles as alleged by the defendant.

Defendant

The argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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