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(영문) 의정부지방법원 2019.07.19 2018노2268
경범죄처벌법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The dog in which the defendant raises the summary of the grounds for appeal (hereinafter “the dog of this case”) does not constitute a dangerous animal with the dog of “Iber”, and there is no brusation that harms people or livestock.

Nevertheless, the court below erred by misapprehending the facts and finding guilty of the facts charged in this case.

2. Determination

A. On April 3, 2018, the Defendant: (a) around 15:45, the facts charged in the instant case: (b) within the Sinri-si Sari-dong Sariwon Park Park, and (c) the Defendant did not properly publish a title line with respect to Liri-ri 1 Marin; and (b) caused the said opening to return to the victim B.

The defendant laid down a dog or other animal with a harming people or livestock without permission, or failed to keep such dog or animal properly.

B. The lower court determined that the Defendant was guilty of the facts charged of the instant case, insofar as he did not properly examine the instant table, even if the opening of the instant case did not directly harm the victim, but did not directly harm the victim.

C. 1) Article 3(1) of the Punishment of Minor Offenses Act provides that "a person who falls under any of the following subparagraphs shall be punished by a fine not exceeding 100,000 won, by misdemeanorion, or by a minor fine." Article 25 of the Punishment of Minor Offenses Act lists a dog or other animal that has a brut or other animal that causes harm to people or livestock without permission, or by failing to properly look at it." Article 13(2) of the former Animal Protection Act provides that "a person shall be punished by the foregoing provision." In order to punish the defendant on the basis of the above provision, a manager of a dog or a dog that has a brut negligence that causes harm to humans or livestock shall be recognized. 2) Meanwhile, Article 13(2) of the former Animal Protection Act (amended by Act No. 1502, Mar. 20, 2018) provides that "the owner, etc. of an animal subject to registration.

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