해외 동물학대 처벌기준과 양형기준을 통해 살펴본 우리나라 동물학대 양형기준 방향성 논의

Abstract

The main purpose of this study is to discuss the direction in which our country's sentencing guidelines should move forward by reviewing and comparing overseas animal abuse punishment standards ahead of the establishment of animal cruelty sentencing guidelines. To this end, we will review the regulations related to the punishment of animal abuse in the United States and the United Kingdom, and review the animal cruelty sentencing guidelines of UK that are applied by establishing individual sentencing guidelines for animal cruelty. In the United States, laws related to animal abuse include the "Animal Welfare Act" and the :Preventing Animal Cruelty and Torture Act". The PACT, which regulates videos of animals being slaughtered, can result in a prison sentence of up to 7 years. In addition, it was confirmed that the scope of animal cruelty is diverse and that the court utilizes a variety of security measures to prevent recidivism and protect victimized animals. In the UK, the "Animal Protection Act" was developed and revised into the "Animal Welfare Act" to prohibit animal cruelty and stipulate sentences of up to 5 years in prison and fines with no maximum amount. It was confirmed that the UK is also strengthening security measures, such as depriving abusers who cause serious harm of ownership and prohibiting sexual abusers from owning or living in animals. Based on this, this study proposes to further expand the scope of animal abuse behavior when establishing sentencing guideline for animal cruelty in Korea, and to consider criminal acts in front of minors, video production, and crimes motivated by hate feelings as aggravating factors.