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(영문) 대전지방법원 2020.06.04 2019노2546
건강기능식품에관한법률위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) 1) The Defendants’ advertisements (hereinafter “instant advertisements”) are deemed to be the instant advertisements.

(2) Even if the Defendants’ act is found guilty, the lower court’s sentencing (one million won per fine) is excessively unreasonable, even if it is found that the Defendants’ act is not likely to deceive or mislead consumers (the fact-finding and misunderstanding of legal principles).

B. The lower court’s sentencing against the prosecutor (unfair form of punishment) against the Defendants is deemed unreasonable.

2. Determination

A. In full view of the following additional circumstances admitted by the court below and the court below based on the evidence duly adopted and investigated by the court below as to the Defendants’ assertion of mistake of facts and misapprehension of legal principles, Defendant A, the representative of Defendant B, as indicated in the facts constituting a crime in the court below, made an advertisement that could mislead consumers or mislead or confuse consumers as if he could reduce the weight of body if he takes in “D”, as indicated in the facts constituting a crime in the court below.

Therefore, the above assertion by the Defendants is rejected.

1 The advertisement of this case is "D" as an auxiliary agent to food as if it were to drink as a usual food without strict management. The advertisement of this case is "D" (hereinafter "the product of this case").

If you take in, they may do so with a dump without a dump.

“Along with theme,” “A” refers to the appearance of a woman who wishes to do so, and the head of a cat group, such as chickens and scatama, scata, etc., “non-fata,” but the head of a cata in his L channel, starting with a large volume of food if Defendant A cata in his L channel, leading to the general experience of the content that the product of this case was taken in and success in the set, and the subject to which the advertisement of this case intended to be delivered.

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