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A defendant shall be punished by a fine of 500,000 won.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who sells animals, such as dog and salves, in the whole-Namyang-gun B market.
1. Any person who violates the registration of business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, any person who intends to engage in business, such as selling animals related to animals raised at home, such as dogs, sheep, and baits, for the purpose of return;
Nevertheless, from November 22, 2019 to 11:46 on the same day, the Defendant, without registration, placed in iron boxes ( approximately 80cm x 50cm x 50cm x 50cm) with the aim of selling to customers visiting “B market,” and displayed each vehicle loaded on the vehicle, after being put in a string net with five strings.
2. No person who violates any prohibition against animal abuse, etc. shall inflict physical pain on animals without justifiable grounds prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as necessity for veterinary treatment and harm to human life, body, or property caused by animals;
Nevertheless, the Defendant displayed lectures to customers who visited the B market at the same time and place as the above Paragraph (1) with the same method as the above Paragraph (1) for the purpose of selling lectures, etc., thereby causing physical pain to animals.
Summary of Evidence
Part of Defendant’s Court Statement
1. Police suspect interrogation protocol of the accused;
1. Application of the F's investigative report (a photographic document attached to a suspect's sale of dys, etc. on his/her job) to Acts and subordinate statutes governing animal sale sites;
1. Article 46 (3) 2, and Article 33 (1) of the Act on the Protection of Animals and the Selection of Punishment for Crimes (the occupation of business selling unregistered animals) and Article 46 (2) 1 and Article 8 (2) 4 of the Animal Protection Act (the occupation of abuse of animals and the selection of fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.