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(영문) 제주지방법원 2015.5.28.선고 2015고정351 판결
절도,동물보호법위반
Cases

2015Gohap351 thief and Violation of the Animal Protection Act

Defendant

○○ Kim (1978 Life), daily workers

Prosecutor

The Ministry of Justice shall hold a public trial for the Ministry of Justice, the Minister of Justice, the Minister of Justice, the Minister of Justice

Defense Counsel

Attorney Kim Su-jin (Korean)

Imposition of Judgment

May 28, 2015

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal Facts

The defendant is a person who has weak ability to discern things or make decisions due to stimulative disorder, etc.

1. Larceny;

On October 26, 2013, around 20:00, the Defendant stolen the victim's and the victim's high ○○ on the fourth floor rooftop of the building located in the Western-ro in Jeju-si.

2. Violation of the Animal Protection Act;

On October 26, 2013, at the latest night, the Defendant died of animal abuse by cruel methods, where the above dog was laid on the rooftop of the fourth floor building located in Pyeongtaek-ro at the time of Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement, related photograph, written request for appraisal, written report on request for appraisal, and a photographic photograph of ○○○;

1. A medical certificate of the accused;

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 329 of the Criminal Act and Article 329 of the Animal Protection Act;

46(1) and Article 8(1)1 (the fact that an animal is dead in a cruel manner) and each fine is selected; 1. Mitigation of mental illness and injury: Articles 10(2) and 55(1)3 of the Criminal Act

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

It is so decided as per Disposition for the above reasons.

Judges

Degree of Nature

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