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(영문) 대법원 2018.11.29 2018도10900
식품위생법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court’s aforementioned determination is justifiable. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the mistake of the law under Article 18(1) of the Music Industry Promotion Act, or by misapprehending the legal doctrine on the mistake of the law under Article 16 of the Criminal Act, or by exceeding the bounds of the principle of prohibition of analogical interpretation or expansion.

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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