The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of seven million won.

The defendant above.

The gist of the defendant's appeal is that the punishment imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service of 160 hours) is too unreasonable, and therefore there is no record of punishment for violation of the Animal Protection Act, and the degree of the defendant's participation in the crime of violation of each of the animal protection of this case is relatively minor compared to that of the co-defendant A of the court below, and the defendant does not commit such a crime again against his mistake.

Considering the fact that the court below's sentence against the defendant is unfair due to the reason that the sentencing conditions as shown in this case are different, the above argument is with merit.

Therefore, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant shall be reversed, and it shall be decided again as follows.

Criminal facts

The summary of the judgment below's summary of evidence is as stated in each corresponding column of the judgment below, except for adding "in collusion" to "in the following manner", Article 369 of the Criminal Procedure Act. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 46(1), Articles 8(2)1, and 8(1)1 of the former Animal Protection Act (amended by Act No. 14651, Mar. 21, 2017; Act No. 1520, Mar. 22, 2018); Article 30 of the Criminal Act; Articles 148-2(2)3 and 44(1) of the Road Traffic Act;

1. Selection of each alternative fine for punishment;

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 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;