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(영문) 청주지방법원 제천지원 2016.01.21 2015고단484

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:00 on August 8, 2015, the Defendant assaulted the victim’s right-hand son with the victim’s hand floor on the ground that the victim E (V, 62 years of age) in a de facto marital relationship was frighted out of the window, 406 Dong 1201, a residence of the Defendant in Dacheon-si, Dacheon-si, a residence of the Defendant, who was located in Dacheon-si, and was in a de facto marital relationship.

2. No person who violates the Animal Protection Act shall kill an animal by hanging the animal or by other cruel methods;

Nevertheless, on August 8, 2015, between 03:00 and 06:4, the Defendant: (a) laid pet dogs raised by E in the places described in paragraph (1) with the first floor flowers; and (b) died of animals in a cruel manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (investigation into attachment of photographs);

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 46 (1) and Article 8 (1) 1 of the Animal Protection Act (the point of animal abuse, etc., and the choice of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation lies only in the history of having been punished several times as violent crimes, and even if there were previous convictions resulting from the suspension of execution, the crime of this case is committed, and the fact that the act of killing pets by assaulting the victim and cruel methods is highly unfavorable to the defendant, and the fact that the defendant led to the confession of and against the crime of this case is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.