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(영문) 대구지방법원 안동지원 2016.11.15 2016고정221
재물손괴등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant causing property damage, when he complained of a complaint on the ground that the dog owned by the victim B, a neighbor, was intruded between the Defendant’s appearance and play a lawsuit, at around 06:00 on May 21, 2016, the Defendant: (a) at the Dongdong-dong-si, Sindong-si, the Defendant was suffering from a dog owned by the Defendant on the part of the victim; (b) did not participate in the netization; and (c) caused the death of the dog at several times in and around the surrounding area, thereby damaging the property owned by the victim due to the market price.

2. No person who violates the Animal Protection Act shall kill an animal by cruel means, such as hanging the animal;

Nevertheless, the Defendant died in a cruel manner, such as the date, time, place, etc. mentioned in the foregoing paragraph (1), when and at the same time, the number of times owned by the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Articles 46 (1) and 8 (1) 1 (in the case of death of an animal by cruel means) of the relevant Act on the crime and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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