Date of
Judgment:
22.03.1978
Issuing
Authority:
Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure:
Judicial (Criminal)
Subject
Matter: Other
Main
text of the judgment (decision):
The
final appeals shall be dismissed.
Reasons:
The grounds for the final appeal
according to Appellant's attorney, ●●●●, are assertions on mere
violation of law and a factual error, and the grounds for the final appeal
according to Appellant's attorney, ●●●●, are, in substance,
entirely assertions on mere violation of law and a factual error, including the
points made about violation of Article 21, Article 22, paragraph (1), and
Article 29, paragraph (1) of the Constitution, and as for the grounds for the
final appeal according to Appellant's attorney, ●●●●,
the points made about violation of Article 22, paragraph (1) and Article 21,
paragraph (1) of the Constitution are, in substance, an assertion on mere violation
of law, and the point made about violation of a legal precedent lacks premise because
the legal precedent cited in the asserted opinion fails to indicate the determination
of the purport expressed in the asserted opinion, and other points are assertions
on mere violation of law and inappropriateness of sentencing, so that none of
the above constitutes grounds for the final appeal as stipulated in Article 405
of the Criminal Procedure Code.
With regard to the act of placing a
label of a tokkyu [highest class] grade sake on a bottled sake which did not
take the examination available for each grade and receive the grading, and
which was given the grade of nikyu [second class] pursuant to the Liquor Tax
Act, even if the quality of the sake is substantially no less great than that of
a tokkyu grade sake, such act should be interpreted as constituting a crime of violation
of Article 5, item (i) of the Unfair Competition Prevention Act, and the judgment
of the court of prior instance, whose purport is the same as above, is justified.
Therefore, the judgment of this court
is rendered unanimously by all judges, as per the main text, by application of
Articles 414 and Article 386, paragraph (1), item (iii) of the Criminal
Procedure Code.
(This translation is provisional
and subject to revision.)