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(영문) 수원지방법원 성남지원 2018.06.27 2018고단857
동물보호법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Animal Protection Act shall commit any abusive act detrimental to the body of an animal while living;

On April 12, 2018, the Defendant committed an act that damages the body of an animal by causing damage to the body of the animal at its own house located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, and with a knife knife (25 cm in length) for the main house (25 cm in length), which is a dangerous object, without any reason.

2. The Defendant damaged special property by means of the method described in paragraph 1, at the time and place described in paragraph 1(a) and at the market price unfolded horses owned by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to medical treatment;

1. Article 46 (1) 1, Article 8 (2) 2 (the occupation of animal school representative) of the relevant Act on the Protection of Animals under the relevant Act on the crime, Article 369 (1) and Article 366 of the Criminal Act (the occupation of special property), the selection of fines, and the selection of fines, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating the Protection of Animals with heavier punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”) of the Aggravated Punishment Act (hereinafter “Aggravated Punishment Act”) was committed during the period of repeated crime, and the method, method, result, etc. of committing the crime is not easy.

However, the fact that the victim is not punished, confession and reflects the fact that the crime of this case is committed under the influence of alcohol and the criminal act of this case is committed under the influence of alcohol, and the criminal act of this case requires a mental therapy in light of the circumstance, and shows the mental intent of treatment, such as hospitalization, etc. In addition, the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc., shall be comprehensively taken into account.

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