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(영문) 인천지방법원 2017.08.10 2017고단1211
동물보호법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On July 18, 2016, the Defendant violated the Animal Protection Act: (a) discovered the two maths of a gar, set up in the front of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, at the same time, died of the maths in such a way as to take the maths of the math in his hand, and to make the maths of the maths of the maths, so far as possible on the rail of the me.

Accordingly, the Defendant committed an act of killing an animal at an open place, such as on the street.

2. From July 24, 2016, around 22:30 on July 24, 2016, the Defendant: (a) placed in the “F E” operated by the victim in Gyeyang-gu Incheon Gyeyang-gu, in a cresh in which the surveillance of employees G working at the relevant place was neglected; (b) placed in a fresh can amounting to the total market price of KRW 8,000, a total market price of the above victim’s possession; (c) one day-year-year-year-year-year-year-year-year-water;

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of H and G

1. Article 46 (1) and Article 48 (1) 2 (a) of the relevant Act on the crime, Article 329 (a) of the Criminal Act on the death of an animal at an open place), the selection of a fine, and the selection of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has already been punished by a fine on two occasions due to an act of death of satisfy, and the defendant again commits a crime during the same repeated offense period due to larceny. Damage recovery was not achieved. The most favorable circumstances: the defendant recognized his/her mistake. The amount of damage is minor. The defendant appears to have failed to receive proper treatment despite his/her alcohol addiction, and is in very difficult economic situation. The above circumstances are deemed to have taken into account both the sentencing conditions, such as the defendant’s age, sex, family relationship, property status, etc.

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