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(영문) 서울서부지방법원 2015.01.13 2014고정1998
재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall kill an animal in a cruel manner.

Nevertheless, at around 05:00 on June 11, 2014, the Defendant died on the fifth floor due to falling the height of the victim D on the ground that the height owned by the victim D was boomed in a house owned by the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and damaged the victim’s property and at the same time killed the animal by cruel means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report ( telephone conversations with the veterinarian of the E veterinary hospital);

1. A medical certificate for death and a funeral certificate for companion animals;

1. Application of the Acts and subordinate statutes to photographs of the complainants;

1. Article 366 of the Criminal Act applicable to the crime; Articles 46 (1) and 8 (1) 1 of the Animal Protection 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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