A married couple residing in the Asturian town of Serum has been fined a total of 1,440 eurosplus the costs of the trial, for –according to the sentence issued by the head of the court of instruction number 4 of Siero– “hinder and impede” the work of dog training carried out by a neighbor in the adjoining chalet put on the “loud music”. The magistrate’s order assumes that these neighbors “are bothered by the activity” and that for that reason “they placed a loudspeaker attached to the dividing wall on their farm of both farms and oriented” to that of the trainer, “so that when the activity began with one of the clients, they put the music at a very high level so that prevented from carrying out the professional work of the same“.
The events referred to in the judgment took place on June 28, July 27 and August 4 and 10, 2021. According to the order, caused that they had to “suspend the training classes on the farm since September 2021″.
The judge decides to sentence the couple “as authors criminally responsible for a minor crime of coercion, of a continuing natureto the sentence, for each of them, of two months”. It does so by imposing a “fine at the rate of eight euros per day, with the subsidiary personal responsibility provided for in article 53 of the Penal Code, with express imposition of the costs of the trial, by half and equal parts”. For the judge, “the firm, reiterated and credible statement of the complainant, corroborated by what is in the record, the testimonial statements of the complainant’s clients, including those of the witnesses proposed by the defendants, who claimed not to listen to loud music and not have had any conflict in relation to this fact, is considered sufficient to undermine the principle of presumption of innocence”.
The condemned will appeal the sentence, since the defense considers that its clients have the right to play music in their house in the summer and they assure that in no case did they do it with the intention of preventing their neighbor from carrying out the activity of animal training.
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