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(영문) 부산지방법원 동부지원 2018.12.11 2018고정652

동물보호법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant does not register with the competent authority, and on June 25, 2017, on the bulletin board “B” on the NAV “B” bulletin board, X-do mixing.

- As the title "7 - from Busan to 400,000 won, he/she published a letter stating that he/she will teach X-type and peta and sell fat for about 400,000 won, and around that time, he/she operated animal sales business, such as posting a letter related to total 69 height and fat in the carpet bulletin board from that time to June 26, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographss to cut the NAV carpets;

1. Investigation report [The defendant alleged to the effect that the defendant was not engaged in business], but in light of the content, photograph, frequency, sales proceeds, etc. of the defendant posted on the NAV car page, the size is not so large.

Even if a companion animal was engaged in business, such as breeding and selling pets.

Since it is reasonable to view the Defendant’s argument, it is difficult to accept.

Application of Statutes

1. Article 46 (2) 2, Article 33 (1), and Article 32 (1) 2 (Selection of Penalty) of the Animal Protection Act, inclusive of the relevant legal provisions and the choice of punishment for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;