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(영문) 의정부지방법원 2020.08.13 2020고정1009
동물보호법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the owner, etc. is accompanied by an animal subject to registration and leaves the animal, he/she shall take safety measures, such as a thrower, as prescribed by the Animal Protection Act.

Nevertheless, at around 16:20 on April 26, 2020, the Defendant: (a) carried three-month sters of the age of the animal subject to registration in front of the Dongducheon-si B; (b) did not take safety measures, such as a necking, while leaving the dog, and did not take any safety measures; (c) and (d) caused the victim C (Inn, six years of age) to suffer an open room for the victim by asking the victim for the left end of the said dog.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Morse, photographs and the part of the upper part of the body;

1. Application of Acts and subordinate statutes to an investigation report (receiving a medical certificate);

1. Relevant Article 46 (2) 1-3 and Article 13 (2) of the Protection of Wild Fauna and Flora Act concerning facts constituting an offense; the selection of fines;

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

1. In light of the favorable circumstances such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes all the facts charged in the instant case, and reflects his depth, the defendant paid insurance money of KRW 3,066,00 to the injured party, and that the defendant has no criminal record for the same crime and has no record of criminal punishment exceeding the fine, the punishment of the summary order against the defendant is somewhat excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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