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(영문) 창원지방법원 마산지원 2015.12.17 2015고정637
상해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 14:00 on July 11, 2015, the Defendant entering the house was at the house of the victim C (the age of 41) located in Haak-gun B apartment 108 dong 704, Gyeongnam-gun, Haan-gun, Hanam-gun, and 108 dong 704. On the ground that the Defendant was at the low time, the Defendant was able to see the Defendant’s house through the entrance of the entrance, and infringed on the victim’s house through the entrance of the entrance, for the reason that the pet dog

2. Although a person violating the Animal Protection Act was unable to inflict an injury on an animal by using an instrument or a medicine against the animal, the Defendant invadedd the victim’s residence at the same time and at the same place as the preceding paragraph, and collected one through a duplicating tool to prevent the victim from harming him/her, and suffered an injury in the number of days of treatment on the eye.

3. The injured Defendant: (a) inflicted an injury on the part of the victim, such as the preceding paragraph, at a temporary place as referred to in paragraph (1), and (b) opened the entrance door to the victim, and she was frighted with the victim, and (c) called, “the victim’s breast part is to die due to a dog,” and called, “the victim’s face and chest part is to die” at one time on the part of the victim’s breast part on the part of the victim on the ground that he was asked, and then, at one time at each time, the victim’s face and chest part is in need of a stability fee and progress observation for three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, D, and E

1. Article 319(1) of the Criminal Act applicable to the crime (the points of intrusion upon residence), Articles 46(1) and 8(2)2 of the Animal Protection Act (the point of violation of the Animal Protection Act), Article 257(1) of the Criminal Act, 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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