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(영문) 인천지방법원 부천지원 2016.09.02 2016고단1402
동물보호법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall kill an animal by cruel means, such as hanging the animal.

Nevertheless, at around 13:50 on March 24, 2016, the Defendant is driving one ton of the C-wing and one ton of the cargo and proceeding D in front of Kimpo-si.

At this point, the victim E, who is the victim E, had been killed by driving the above 1 ton of the cargo vehicle operated by the defendant with knowledge that the victim E, takes part in the old road in the direction of the defendant's proceeding.

As a result, the Defendant committed an act of killing an animal by a cruel method, and at the same time destroyed a middle dog owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. The victim E Bable image images;

1. Application of Acts and subordinate statutes to photographs of suspect vehicles;

1. Articles 46 (1) and 8 (1) 1 (in the case of death of an animal by cruel methods) and 366 (in the case of death of an animal) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for the crime of causing property damage and damage between a violation of the Animal Protection Act and a crime of causing property damage and a punishment heavier);

1. Selection of imprisonment with prison labor chosen;

1. Determination of the same sentence as the order shall be based on the comprehensive consideration of the factors for sentencing under Article 62(1) of the Criminal Act, such as the fact that the defendant died of the victim by a cruel method, the fact that the defendant did not make efforts to recover damage up to the present, the recognition of the crime of this case and reflects his mistake, the fact that the defendant has no record of punishment for the same crime, the fact that there is no record of being punished for the same crime, and that there is a situation that is economically difficult for a recipient of basic living

(2) The sentencing criteria shall not apply to the crime of damage of this case since the crime of damage of this case is in a mutually concurrent relationship with the violation of the Animal Protection

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