2015No2218 Violation of the Animal Protection Act

A person shall be appointed.

Defendant

○○ (Lawsuits) and ○○ (Public Trial)

Seoul Northern District Court Decision 2015 High Court Decision 2234 Decided November 17, 2015

July 15, 2016

The defendant's appeal is dismissed.

1. Reasons for appeal;

A. Error of mistake

Although the defendant's opening is the time of the defendant, it is not abused.

B. Unreasonable sentencing

The sentence of the lower court is hot.

2. Determination

A. Judgment on the assertion of mistake of facts

Article 8(2)1 of the Animal Protection Act provides that an act of inflicting an injury on an animal by using a tool is an abuse. According to the evidence duly examined and adopted, the fact that the defendant has inflicted an injury on the two joints of the body by cutting off the body of the body. It is justifiable for the lower court to have recognized the Defendant’s act as an abuse.

B. Determination on the assertion of unfair sentencing

Considering the various sentencing conditions shown in the record, the lower court cannot be deemed to have a heavy penalty.

3. Conclusion

The defendant's appeal shall not be accepted.

Judge Park Jong-young

Judges Cho Byung-hee

Judges Park Jae-il