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(영문) 대법원 2017.04.28 2017도2313
식품위생법위반등
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 acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Food Sanitation Act among the facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor filed an appeal against the guilty portion of the judgment below, but there is no specific reason for appeal as to this part of the petition of appeal or the reasoning of appeal.

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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