200 Highest 4809 Violation of the Animal Protection Act

A (73 years old)

Kim Jong-young (Court Prosecution) and Kim Shee (Court Decision)

January 22, 2021

Defendant shall be punished by a fine of 12 million won. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

No one shall kill an animal in a cruel manner or kill an animal in a public place, such as on the street, etc., and injure an animal by using physical methods, such as tools and implements, and abuse the animal.

그럼에도 불구하고 피고인은 2020. 9. 1. 06:30경 양산시 B에 있는 C가 거주하는 단독주택 앞에서, 그 옆 노상에 묶여 있던 C 소유 개 두 마리가 시끄럽게 짖는다는 이유로 화가 나, 그 근처 도로에 있던 주차금지 팻말의 나무 기둥 부분을 부러뜨려 위나무 각목으로 개들을 수회 때려 한 마리는 죽게 하고, 다른 한 마리는 눈 부위에 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of an animal (Violation of the Animal Protection Act);

1. On-site-related photographs;

1. Related photographs;

1. Investigation report (person for reference D telephone communications);

1. Investigation report (Attachment of a flag damaged photograph);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 46(2)1 and 8(1)1 of the former Animal Protection Act (amended by Act No. 16977 of Feb. 11, 2020; hereinafter referred to as the "former Animal Protection Act") (limited to the death of an animal by cruel methods), Articles 46(2)1 and 8(2)1 of the former Animal Protection Act (amended by Act No. 16977 of Feb. 11, 2020), and each choice of fines.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

m. Unfavorable circumstances

In light of the fact that the method and attitude of the defendant's crime are significantly violent and that it is a life-oriented act committed under the lack of awareness of respect for the body of life, there is a high possibility of criticism. The defendant committed the crime of this case during the suspension of execution as an injury crime. The defendant has been punished several times by violence crimes.

4. favorable circumstances

The Defendant appears to have committed the instant crime in a somewhat contingent manner. The victim does not want the punishment of the Defendant by mutual consent between the victim and the victim. The Defendant's mistake is recognized. Many neighboring residents of the apartment, such as the Defendant, wanting the Defendant's wife, seems to clearly have social relationship with the Defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.

The number of judges