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(영문) 제주지방법원 2015.05.28 2015고정351
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has weak ability to discern things or make decisions due to stimulative disorder, etc.

1. On October 26, 2013, the Defendant: (a) cut off a crepan of the market price (i.e., the victim D) on the fourth floor of Jeju-si, the fourth floor; and (b) cut off a crepan of any crepan.

2. On October 26, 2013, the Defendant violated the Animal Protection Act: (a) died of an animal abuse by taking the upper part on the rooftop of the 4th floor building E at the latest night on October 26, 2013; and (b) died by taking the upper part on the first floor.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements, related photographs, written requests for appraisal, written reports on requests for appraisal, and photographs taken;

1. Application of Acts and subordinate statutes to the defendant;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 329 of the Criminal Act and Articles 46 (1) and 8 (1) 1 of the Animal Protection Act (the point where an animal is dead by cruel methods); Selection of fines for negligence;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

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