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(영문) 인천지방법원 2021.03.26 2020고단10758
동물보호법위반
Text

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

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

Reasons

Punishment of the crime

No one shall cause the death or injury of an animal by cruel methods, such as hanging trees, etc.

Nevertheless, around 02:00 on June 7, 2020, the Defendant: (a) was faced with fingers on the Defendant’s pet dog ( inside the pet dog) in Jung-gu Incheon, Jung-gu; (b) at the night prior to the night, and (c) had the Defendant’s spouse write the above pet dog, and (d) had the Defendant’s spouse write the pet dog again into the above pet dog; (b) had the pet dog 2 to 3 times, such as the above pet dog on the hand floor; (c) had the pet dog cut again into the above pet dog; and (d) had the pet dog cut so far so far as it was difficult for the Defendant to take the pet dog so far as it can be loaded into the pet dog, and died of the following pet dog by making it difficult for the Defendant to do so.

Summary of Evidence

1. Application of Acts and subordinate statutes to written statements E prepared by the police concerning defendant's legal statement D;

1. Article 46(2)1 and Article 8(1)1 of the former Animal Protection Act (amended by Act No. 16977 of Feb. 11, 2020) on criminal facts and the selection of fines for selective punishment

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is highly likely to be subject to criticism because the defendant committed the crime of this case on the grounds that the defendant was satisfed about his peties and caused death by using cruel violence.

However, the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, motive or circumstance of a crime, means and method of a crime, details and result of a crime, circumstances after a crime, and the sentencing sentencing with the same and similar cases, shall be determined as ordered by comprehensively considering the following factors: (a) the defendant recognizes the crime of this case and reflects the mistake; (b) the first offender who has no record of criminal punishment; and (c) the defendant's age, sex, motive or circumstance

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