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(영문) 수원지방법원 성남지원 2018.11.14 2018고정919
동물보호법위반
Text

Defendants shall be punished by a fine of KRW 300,000, respectively.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

A person who intends to sell animals related to an animal raised for the purpose of return, such as dog and cattle, shall register with the head of the competent Si/Gun/Gu.

1. Nevertheless, Defendant A, on April 24, 2018, operated a business of selling 12 mags to many and unspecified persons without registering the business in DaB-261, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Mab-261.

2. On April 24, 2018, Defendant B sold 10 maws to many and unspecified persons (a dog, spaws) raised for the purpose of returning without registering the business in DaB-262, Sungnam-gu, Sungnam-gu, Sungnam-si, Sungnam-si, Dab-262.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on occurrence (Violation of the Animal Protection Act) and the application of Acts and subordinate statutes reporting on investigation;

1. Article 46 (2) 2 of the relevant Act on the facts constituting an offense and Article 33 (1) of the Animal Protection Act (Selection of a penalty) of the same Act on the selection of punishment;

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

1. As long as the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of each criminal case ordering provisional payment are discovered to the same kind of case, the prosecution's suspension of prosecution, and the court's suspension of prosecution, and the court's suspension of sentence, it is difficult to find the first place.

However, considering the fact that the defendants who sold the above animals without any particular control during several years were found to have been exposed to a number of reports by companion animal organizations during the recent years, the defendants' confessions and reflects against the defendants, and the fact that they sold only in traditional markets without any big scale.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act.

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