2016Do9704 Violation of the Act on Origin Labeling of Agricultural and Fishery Products

1. A;

2. B

3. C

4. D;

Prosecutor

Gwangju District Court Decision 2015No1361 Decided June 14, 2016

December 24, 2019

All appeals are dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting Defendants on the part of violation of the Act on Origin Labeling of Agricultural and Fishery Products, and sentenced them not guilty. Examining the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “an act of selling under disguised origin” under Article 6(1)3 of the former Act on Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016).

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young

Chief Justice Cho Jae-hee

Justices Kim Jae-in

Justices Lee Jae-hwan