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(영문) 의정부지방법원 고양지원 2016.05.13 2015고단2929
동물보호법위반등
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 operates an animal funeral business with a mutual name, "D," located in the Dong-gu Incheon Metropolitan City, Manyang-si C.

1. A person who intends to engage in funeral business for animals in violation of the Animal Protection Act shall be equipped with facilities and human resources meeting the standards prescribed by Ordinance of the Ministry of Agriculture and Forestry and shall register with the head of a Si/Gun

Nevertheless, from March 29, 2014 to August 31, 2015, the Defendant operated the funeral business for animals without registering it with the competent authorities at the same place.

2. A person who intends to operate a waste treatment business for wastes other than those designated as wastes in violation of the Waste Management Act shall obtain permission from the competent authority;

Nevertheless, the Defendant engaged in waste treatment business without obtaining permission from the competent authorities at the time and place specified in paragraph 1, and by burning and disposing of the return dogs of average 40 maths per month.

Summary of Evidence

1. The defendant's legal statement (limited to the crime No. 1. Crimes in its holding);

1. E statements;

1. A written request for investigation;

1. Application of Acts and subordinate statutes on photographs of workplaces;

1. Article 46(4)1 of the relevant Act and Articles 33(1) and 32(1)1 of the Animal Protection Act (the occupation of a funeral business for unregistered animals) on criminal facts; Article 10 of the Addenda to the Waste Management Act; Article 64 Subparag. 1 and 25(3) of the former Waste Management Act (Amended by Act No. 13038, Jan. 20, 2015);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (within the scope of the sum of the maximum amounts of each crime) of the Criminal Act to increase concurrent crimes [the amount of fines shall be selected and determined by taking into account the criminal records of the defendant's like crime, the purport of the amendment of the Act, the fact that the revision of the Act is not required to repeat crimes, and all other sentencing conditions];

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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