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(영문) 수원지방법원 2013.04.11 2013고정226
동물보호법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendants: (a) towed the miscellaneous dog owned by Defendant B to the slaughter room to take 1 knife; and (b) around 10:37 September 16, 2012, the Defendants: (c) sent the neck dog to Defendant A’s back seat by using a neck lines on the back seat of Defendant A’s operation in Yongsan-si; and (d) towed up to 10:55 on the same day from that date to 10:55.

As a result, the Defendants conspired to commit an act of abuse that damages the body of animals in living conditions.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Police suspect interrogation protocol regarding F;

1. A report of investigation (with regard to the circumstances of inspection)

1. Application of statutes on site photographs;

1. The Defendants: Articles 46 (1) and 8 (2) 2 of the Animal Protection Act (Selection of Fines) of the said Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant A asserts that the judgment on the assertion by Defendant A of Article 334(1) of the Criminal Procedure Act was not known that the act of the judgment was an offense.

In addition, Article 16 of the Criminal Act provides that "the act of a misunderstanding that one's own act is not a crime under Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding" does not mean a simple legal site, but it is generally a crime, but it is true that it does not constitute a crime that is permitted by Acts and subordinate statutes in case of his own special circumstances, and it is not punishable if there are justifiable grounds for misunderstanding that his act constitutes a crime. Thus, he did not know that the act of the defendant A was committed

Even if this falls under a simple site of law, and it does not actively believe that it is not a crime that is permitted by the law, and it is due to a mistake of law.

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