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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal should be deemed to have been indicated as if the Defendant was certified to grow together, which is similar to the word and log marked in the packaging product.
However, the court below acquitted the charged facts of this case.
2. Examining the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in light of the Supreme Court’s ruling (Supreme Court Decision 2017Do10273 Decided September 21, 2017) regarding similar matters to be determined, the lower court is justifiable to have acquitted the Defendant on the facts charged of the instant case.
① In cases where a livestock product processing business operator or meat packaging business operator intends to indicate and advertise livestock products certified as meat products, he/she shall obtain prior certification of livestock products certified as livestock products (Article 25 of the Livestock Products Sanitary Control Act, and Article 37 of the Enforcement Rule of the Livestock Products Sanitary Control Act). The instant facts charged are premised on the premise that the Defendant had falsely indicated as if he/she obtained such certification by using the word and log “HALAL MAT” even though the Defendant did not obtain certification of livestock products.
② However, the meaning of “HALAL MET” written on the Defendant’s packaging products is that the phrase is slaughtered so that Islamic teachings can drink, and in itself, it cannot be interpreted as an indication that it obtained a livestock products sanitation certification under the Sanitary Control Act.
In addition, thero (26 pages of investigation records) used by one defendant is surrounding the superficial pattern of the appearance of the defendant, and it is difficult to recognize it as a trademark of the D Co., Ltd. operated by the defendant only as a certified mark.
③ It seems that the current competent authorities do not prepare an indication of the certification of growth to be unified, and that the indication of the certification of growth to be individually made by many private institutions is given (52-62 pages of investigation records). However, the language and route used by the Defendant in packaging products and the raising certification indication to be widely used as above.