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(영문) 인천지방법원 부천지원 2016.04.29 2016고정2
동물보호법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person operating a “D” animal auction house in Kimpo-si C.

A person who intends to sell animals shall register in advance with the competent Mayor.

Nevertheless, the Defendant, without registering with the competent Mayor from January 1, 2012 to August 25, 2015, operated an animal sales business by arranging the sale of an infant in D without registering it with the competent Mayor.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 46 (4) 1, Article 33 (1), and Article 32 (1) 2 of the Protection of Animals Act concerning the facts constituting an offense;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion is not a business that administers an auction conducted between a pet dog producer and a pet dog seller and receives a commission corresponding to 5% of the successful bid price, and sells pet dog directly to the people. Thus, the Defendant did not have a duty to register under Article 33(1) of the Animal Protection Act.

2. A person who intends to engage in the business of funerals for animals related to animals (subparagraphs 1), the business of selling animals (subparagraphs 2), the business of importing animals (subparagraphs 3), and the business of producing animals (subparagraphs 4) at home, such as dogs, stoves, etc. prescribed by Ordinance of the Ministry of Agriculture and Forestry, shall have facilities and human resources meeting the standards prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Paragraph (2) of the same Article provides that "the detailed scope of the business under each subparagraph of paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry for the livestock industry and livestock industry."

The term "" is defined as "."

In addition, Article 36 of the Enforcement Rule of the Animal Protection Act, which is the Ordinance of the Ministry of Agriculture and Forestry, shall sell or arrange animals to consumers (Article 2), and animal import business: Animal shall be imported, and animal distributors.

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