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(영문) 대법원 2017.05.17 2016도20937
식품위생법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the charged facts of this case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the aforementioned determination by the lower court is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on Article 13(1)1 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016).

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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