Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 12, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for an indecent act in Busan District Court’s branch, which became final and conclusive on June 20, 2017, and is currently under suspended sentence.
1. The Defendant who damages property is the victim C's friendly son, and the victim is living together with the Defendant's mother and the Defendant's son in Sacheon-si D.
On October 22, 2017, the Defendant: (a) found in the above house while drunk around 10:30 on October 22, 2017; (b) brought about a dispute with E, son; and (c) caused the wall by sudden interest, and destroyed the market price, which was the victim’s own interest, left on the floor and damaged it.
2. No person who causes damage to special property or violates the Animal Protection Act shall kill an animal by cruel means, such as putting the animal on the animal;
While Defendant 1 was engaged in the act referred to in the above paragraph 1 at the above date, at the above time, and at the above place, Defendant 1 died of her head by unloading three heads of the dog ( approximately 90 cm in total length and approximately 20 cm in length on the day), which is a dangerous object that he raised by the above victim.
Accordingly, the defendant carried dangerous things and damaged the victim's property, and at the same time killed animals by cruel methods.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to C and F;
1. Photographs and on-site photographs;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);
1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act selection of punishment, Article 369 (1) of the Criminal Act, Article 46 (1) and Article 8 (1) 1 of the Animal Protection Act, and imprisonment, respectively;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of destroying a special property and the violation of the Protection of Animals Act, and the punishment specified for the crime of destroying a special property as judged heavier than the punishment);
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (the crime of destroying special property as stated above with heavier punishment) of the Act on the Aggravation of Concurrent Crimes.