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(영문) 대법원 2016.03.24 2015도14400
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below reversed the judgment of the court of first instance which found the defendant guilty on the ground that the violation of the Act on Special Measures for the Control of Public Health Crimes (the manufacture of illegal food, etc.) among the facts charged in the instant case constitutes a case without proof of crime, and it is just to reverse the judgment and to find the defendant not guilty. In this regard, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to Article 2(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes, Article 7(4) of the Food Sanitation Act.

On the other hand, the prosecutor appealed against the entire judgment of the court below against Defendant A, but the prosecutor did not state specific reasons in the petition of appeal as to the guilty portion and did not state the reasons for the appeal.

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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