The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The Defendant, even though not a veterinarian, treated an animal by administering medicine to a large person, so the nature of the crime is not good.

However, the defendant shows the form of recognizing and reflecting the crime.

While the Defendant committed the instant crime in the course of care for the abandonment of the Defendant, there is room to consider the circumstances of the instant crime, and there is no benefit from the instant crime.

The Defendant is an initial offender who has no criminal record.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, etc., as shown in the records and pleadings, the sentence of the lower court is deemed to be excessively unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 39 (1) 2 and Article 10 of the Veterinarians Act and the selection of fines for criminal facts which are applicable to the applicable law and the selective 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;