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TITLE Supreme Court Decision 2017Do16732 Decided September 13, 2018 【Violation of the Animal Protection Act】 * First draft [full Text]
Summary
[1] Standard for and matters to be considered when determining whether a method of slaughtering an animal constitutes “cruel methods” proscribed by Article 8(1)1 of the former Animal Protection Act
[2] In a case where the Defendant, a dog farm owner, was charged with cruelly killing dogs in a slaughter house by electrocuting their mouths using a metal rod while the dogs were tied up, thereby violating the former Animal Protection Act, the Court holding the lower judgment acquitting the Defendant of the facts charged to be erroneous on the grounds that the lower court misapprehended the legal doctrines pertaining to the standard for determining “cruel methods” under Article 8(1)1 of the former Animal Protection Act and the establishment of “constituent elements” under Article 46(1) thereof, thus leading to the failure to exhaust all necessary deliberations
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