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(영문) 인천지방법원 2019.03.29 2019고정207
동물보호법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate animal funeral business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

Nevertheless, the Defendant, without registering with the competent authority from August 2018 to November 7, 2018, operated an animal funeral business in the name of “C” in Seo-gu Incheon City, Seo-gu, Incheon. The Defendant posted an advertisement on the animal funeral on the Internet, installed a machine for animal funeral business, which is an incineration machine for cremation of companion animals on DNA vehicles owned by the Defendant, and provided animal funeral services from customers, received KRW 170,00 to KRW 850,00 according to the weight of the animal funeral, and then incinerated the pet animal’s carcass in the vicinity of the customer’s residence, and then delivered the remains to the said customers.

Accordingly, the defendant did animal funeral business without being registered with the competent authorities.

2. No person who violates the Wastes Control Act shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved or reported by the competent authorities;

Nevertheless, the Defendant retired the dead body of an animal, which is a waste, by using an animal funeral machine installed on the Solar vehicle, not a waste disposal facility permitted, approved, or reported by the competent authorities, at the time and place specified in paragraph (1) above, but rather a waste disposal facility.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (A investigation of a suspect), investigation report (verification of details of prosecutor's direction and investigation of a suspect);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 46(3)2, Article 33(1), and Article 32(1)1 (main sentence) of the Act on the Protection of Wild Fauna and Flora (only including the occupation of a funeral business for unregistered animals and funeral business), Article 63 Subparag. 2 of the Wastes Control Act, and the main sentence of Article 8(2) of the Wastes Control Act (the selection of fines, including the occupation of the incineration of industrial wastes).

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