(영문) 인천지방법원 2021.3.12. 선고 2020고정1747 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

No person shall commit animal abuse, such as inflicting an injury or causing a disease, in violation of his/her duty to raise and manage animals, such as breeding and management of dogs, meat, etc. raised for the purpose of return by providing minimum breeding space to animals, etc.

From September 2018 to January 23, 2020, the Defendant had a duty to raise and manage 50 marin and 50 marin in a plastic house located in the Nam-gu Incheon Metropolitan City B as a companion animal, so that at least 2.5 times the body length and at least 2 times the animal raised by each animal were raised in the back, the Defendant had a duty to ensure that the head does not contact with the animal, as well as food and clean water, such as feed, etc., supply the animal with food and clean water so that the animal's nutrition does not fall short, the equipment and resting space for drinking feed and water can be removed from time to time, clean management, and properly manage the animal's actions so that it does not cause inconvenience to the animal's actions.

Nevertheless, the Defendant violated this and did not provide adequate raising space to a narrow space (cases, etc.) with a height of 50 cm where animals can not fry (50 cm). The Defendant left it alone in a boom and water boom, left alone in a state where boom and garbage are laid, left alone in a plastic house or outside waste, left alone in a cover of a pot, etc., and failed to keep the rest space clean. The Defendant did not supply adequate food and clean water by leaving any stuff that causes drinking to animals and contain water booms, and neglected the dead animals in a raising space where other animals can have contacted, left the dead animals in a boom and boom, left alone, caused a booming and booming garbage, making the boom and booming of the dog and boom, and caused a booming and booming to the large number of animals.

Summary of Evidence

1. Statement to C by the police;

1. A written accusation;

1. Investigation report (A greenhouse visit);

[Defendant and defense counsel asserted that the defendant did not violate the duty of raising and managing companion animals as stated in the judgment of the court. However, in full view of the following circumstances acknowledged by the evidence adopted and examined by this court, it can be recognized that the defendant violated the duty of raising and managing the dog and salves raised for the purpose of return by violating Article 4(5) of the former Enforcement Rule of the Animal Protection Act (amended by Ordinance of the Ministry of Agriculture, Food and Rural Affairs No. 442 of Aug. 21, 2020) and the duty of raising and managing the salves in attached Table 1-2. The above assertion is rejected.

The width and length of a place where an animal is raised by the Commission shall be at least 2.5 times and 2 times the body length (referring to the length from the nose of the animal) of the animal raised by the Commission, and the height of the animal shall be at least at a height that does not contact the head when the animal started to work back. Nevertheless, on January 16, 2020 and on January 23, 200, the date of the on-site inspection of the Nam-gu Office, the date of the on-site inspection of the animal was discovered at a narrow case (as approximately 50cm) where the animal is kept in a height that does not unfold (as for about 7, 9, 12, and 18 of the evidence record, two rights 14, 15, 19, and 62 of the evidence record).

The food and clean water suitable for animals, such as feed, should be supplied so as not to lack the nutrition of animals, and the equipment and resting space for the purpose of drinking feed and water should be removed from time to time and cleanly managed. Nevertheless, at the time of the on-site inspection of the Namdong-gu Office, the gambling room containing any equipment for drinking to animals was left outside the room, and it was found that a plastic house or outside waste was left neglected, and the case floor was covered by a brush, etc., and even according to the Defendant’s assertion, it was recognized that the dead body was left neglected in the breeding space of this case (Evidence 8 to 11).

B. At the time of confirming the site of the Nam-gu Office, the state of health of the dog and salk was found to be able to be able to be able to be able to protect the dog and salp and salped and the waste was stored (10 pages of evidence records).

㉣ 남동구청의 현장 확인 당시 피고인이 사육하는 개들과 고양이들에 대하여 털이 엉키거나 피부병에 걸리고, 찢어진 상처가 발생하였으며 고름도 발생한 것으로 보이는 점(증거기록 1권 8쪽, 증거기록 2권 12, 19쪽 등)에 비추어 볼 때, 결국 앞서 본 것과 같은 피고인의 의무 위반으로 말미암아 피고인이 사육하는 반려동물들에게 상해 또는 질병이 발생했다고 봄이 타당하다.]

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 46(2)1 and 8(2)3-2 of the former Animal Protection Act (amended by Act No. 16977 of Feb. 11, 2020) (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act