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(영문) 인천지방법원 부천지원 2018.02.21 2018고정36
동물보호법위반
Text

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

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

Reasons

Punishment of the crime

No person shall injure the body of an animal in his/her life.

Nevertheless, on May 26, 2017, the Defendant: (a) around 08:20 on the street behind the restaurant of “D” operated by C in Kimpo-si B, Kimpo-si on May 26, 2017; (b) the dog in which C was raised was asked by the Defendant’s chickens and was in the vicinity, thereby damaging the above body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Investigation report (Investigation into telephone conversations of wooden persons E) and investigation report (Investigation into telephone conversations of wooden persons F.m.);

1. Application of field photographs, animal abuse photographs statutes;

1. Article 46 (1) and Article 8 (2) 2 of the Protection of Wild Animals Act concerning facts constituting an offense, and Articles 46 (1) and 8 (2) of the same Act concerning the selection of fines;

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 disadvantageous to the nature of the crime of this case being committed in a cruel manner.

However, it is doubtful whether the criminal act is against the truth in light of the degree of testimony in the court.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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