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(영문) 의정부지방법원 고양지원 2017.11.24 2017고단25

동물보호법위반등

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Defendants shall be punished by imprisonment for six months and by a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Any person who violates the Animal Protection Act shall be prohibited from growing animals for the purpose of return at home, such as dogs, sheeps, and baitss, without registering with the competent authority;

Nevertheless, from January 2, 2016 to November 28, 2016, Defendants operated an animal funeral service called “D” without registering with the competent authority in Dong-gu, Yongsan-gu, U.S.C. The Defendants posted an advertisement on the Internet to the effect that “D” means “150,000 won for funeral expenses (1.5 km), 5 km or more for 10,000 won per kilogram, and 24 funeral hours,” and Defendant B, the children of Defendant A, was sent the said advertisement to the said customers. Defendant B, who received 15 to 200,000 won for an animal body from the customers who reported and contacted the said advertisement, retired the said body by putting it in an incineration facility, and then delivered the remains to the said customers.

As a result, Defendants conspired, and Defendant A, from January 2, 2016 to November 28, 2016, and Defendant B, from October 21, 2016 to November 28, 2016, provided animal funeral services without registering with the competent authority.

2. No person who violates the Waste Management Act shall reclaim or incinerate wastes at a place other than the waste disposal facilities permitted, approved, or reported to the competent authorities;

Nevertheless, the Defendants retired animal carcasses, which are wastes, in the same manner as described in paragraph 1, from D, rather than waste disposal facilities permitted or approved by, or reported to, the competent authorities at the time and place specified in paragraph 1.

Accordingly, the Defendants conspired to retire wastes at a place other than the waste disposal facilities permitted, approved, or reported by the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Printings of the F homepage of the credit rating company, printed materials of the F Internet advertisement, response to confirmation as to whether the business is registered for animal funeral, copy of the business registration certificate (F), copy of the business registration certificate (D), and F name card of the stock company;

1. D. D.