2019 Fixed 206 Violation of the Animal Protection Act

A

Written Examination Acting for Public Prosecutor, Prosecution, and Financial Resources therefor (Public trial)

June 26, 2019

Defendant shall be punished by a fine of KRW 3,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Where a suspended sentence is invalidated or revoked and the defendant does not pay a fine, the period of 100,000 won converted from one day shall be confined in the workhouse. The defendant shall be ordered to attend the class for domestic violence treatment for 24 hours.

Criminal facts

No person shall commit any abusive act detrimental to the body of an animal in his/her life.

Nevertheless, at around 00:30 on December 5, 2018, the Defendant: (a) laid down his pet dog B and C in Sungwon-si, Sungwon-si; and (b) abused the body of his pet dog, such as the left tent and pet dog.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of a medical certificate (E animal domain center);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 46(1)1 and 8(2)2 of the Animal Protection Act; selection of fines

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Detention in a workhouse (when suspension of execution of sentence of imprisonment is invalidated or revoked);

Articles 70(1) and 69(2) of the Criminal Act

1. Order to attend lectures;

The grounds for sentencing under Article 62-2(1) of the Criminal Act include the contents and circumstances of the instant crime, the recovery of damage (the treatment of victimized animals after the commission of the crime, and the fact that the health of victimized animals seems to have been recovered as a result of the treatment) and other various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the commission of the crime, etc., shall be determined as the same as the order.

Judges Doh-hin