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(영문) 서울고등법원 2018.03.16 2017노3585
동물보호법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The part of the case against the defendant (unfair sentencing) sentenced by the court below is too unreasonable.

B. The part of the medical care and custody claim claim and the Defendant and the Defendant’s family members are actively providing medical care and guidance to the E hospital after the instant crime. According to the medical doctor’s opinion, the Defendant’s symptoms will be improved in the event of continuous medical treatment.

Therefore, even though the Defendant did not need to receive medical treatment in the treatment and custody facility, the lower court’s order was unreasonable since it ordered the Defendant to receive medical treatment

2. Determination

A. The instant crime committed on May 22, 2017 in the part of the Defendant is a case where the body of animals was damaged in the life of the Defendant by inserting fingers into the Defendant’s knife at around 13:50 on the ground that the Defendant knifeed the Defendant’s knife and had the Defendant knife the knife before the Defendant’s knife.

As long as the Defendant had completed the punishment due to a crime of bodily injury, interference with the execution of official duties, etc. under the influence of alcohol, the Defendant again committed the instant crime during the period of repeated crime. There are many violent crimes records prior to the instant crime, and the content of the instant crime also abused animals, and thus, the nature of the instant crime is not good.

However, the Defendant: (a) had been hospitalized at E hospital from December 21, 2016 to May 19, 2017 due to alcohol-based symptoms, which have not been adjusted as patients; and (b) difficulties in behavior adjustment in drinking conditions; and (c) caused the instant crime by drinking alcohol while being hospitalized at the E hospital; and (d) according to witness’s testimony at the time of discovery immediately after the instant crime, the Defendant was found to put the Defendant’s hand in the opening while entering the house.

Although the attitude of the defendant's act is tentatively different from that of the defendant, it seems that the defendant's act was committed more harshly.

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