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집행유예
(영문) 제주지방법원 2018.3.22.선고 2017고단1339 판결
,1948(병합)·가.동물보호법위반·나.도로교통법위반(음주운전)
Cases

2017 Highest 1339, 1948 (Joint)

(a) Violation of the Animal Protection Act;

(b) Violation of the Road Traffic Act;

Defendant

1. A. ○○

Residence

Reference domicile

2.(a)(b) △△△△

Residence

Reference domicile

Prosecutor

The date of prosecution and a subsequent trial shall be held.

Defense Counsel

Attorney Lee Yong-soo (Apon for defendant ○○○)

Attorney Hwang Sung-sung (the central office for defendant 1 △△△)

Imposition of Judgment

March 22, 2018

Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each sentence against the above Defendants shall be suspended for two years from the date this judgment became final and conclusive.

To order the Defendants to be put on probation and to provide community service for 160 hours.

Reasons

Criminal History Office

2017 Highest 1339

On March 2017, Defendant 1: (a) purchased 50,000 won on △△△△△, which caused the brupt of body, to slaughter a dog for public good; and (b) purchased △△△△△△, which was known to food and drink, and then requested the slaughter of the ○○ in order to pay 50,00 won.

1. Defendants’ violation of the Animal Protection Act

(a) No person shall commit an act of abuse against an animal by taking advantage of any instrument or drug;

Nevertheless, at around 12:00 on March 25, 2017, the Defendants: (a) connected ○○○○○○○○ with a string of 1 horses purchased from the said ○○○○ on the road located in Jeju-do, ○○○○; (b) Defendant ○○, by driving the string of the string; and (c) Defendant △△△△△△, by forcing the said string to a way of driving the string of the string and driving a car thereafter; (d) Defendant △△△△△ continued to attract the string of the string to the said string; and (e) engaged in a cruel act, such as an inspection on the bridge, the entrance, etc.

(b) No person shall kill an animal by cruel methods, such as hanging the animal;

Nevertheless, at around 13:00 on March 25, 2017, the Defendants: (a) ○○○○○○○○○○○○○○○ in Jeju-si, Jeju-si, ○○○○○○○○; (b) ○○○, as seen above, connected the wire ropes to an openline, she saw the following in hand, and the Defendant, the △△△△△△△, who was the Defendant, died in a way that she acted in collusion to keep the said lines in a way that she emblings it.

"2017 Highest 1948"

2. Violation of the Road Traffic Act by Defendant 1 △△△△△.

On July 12, 2017, at around 23:16, the Defendant driven a motor vehicle with approximately KRW 0.055% of alcohol alcohol concentration in the 20km section from the front of the Defendant’s house located in the ○○○○-ro, Jeju, to the front road in the Gyeongnam Park located in the Don-Eup, Jeju.

Summary of Evidence

[Each fact of No. 1 at the Time of Sales]

1. Defendants’ respective legal statements

1. Each police protocol of statement about OO and Magnae;

1. A written accusation;

1. Each photograph and on-site photograph;

1. 112. List of reported cases;

[Judgment of the court below]

1. The legal statement of the defendant △△△△;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Each of the Defendants: (a) Articles 46(1) and 8(2)1 (a) of the former Animal Protection Act (Amended by Act No. 14651, Mar. 21, 2017); (b) Articles 46(1) and 8(1)1 (a) of the former Animal Protection Act (a person who killed an animal by cruel methods, such as selling the animal)

Defendant 1: Article 148-2(2)3 of the Road Traffic Act and Article 44(1)4 of the Road Traffic Act (the point of running sound driving)

Defendants: Imprisonment Decision

1. Aggravation for concurrent crimes;

Defendant 1: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendants: each of the Defendants under Article 62-2 of the Criminal Act

Reasons for sentencing

In light of the circumstances such as the string of the string to the string of the string on the road, the Defendants: (a) the string of the string of the string of the string to the string of the string; (b) the 500 meters or more distance to the string of the strings; (c) the string of the strings of the strings of the strings; (d) the strings of the strings of the strings; (e) the strings of the strings of the strings of the strings; (e) the strings of the strings of the strings; and (e) the △△

However, in light of the fact that the Defendants reflect on the nature of the Defendants, there was no previous conviction in violation of the Animal Protection Act, Defendant △△△△ is not healthy due to inter-cell cancer, etc., Defendant ○○○○ is the age of 79 years, and the frequency of the instant crimes, etc., the execution of imprisonment is suspended at once.

Judges

Limited Notes

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