A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of unlawful use of marks in the Suwon District Court’s Pyeongtaek Housing Site on February 17, 2016, and completed the execution of the above punishment at the Suwon Housing House on March 23, 2016.

The Defendant is a person who operates livestock excreta recycling business in the name of “E” using liquid non-recycling facilities installed in the D farm site located in Pyeongtaek-si C.

No person who has installed a facility for converting liquid manure into resources as a recycling reporter shall spread the amount produced in the facility for converting liquid manure to any place other than spraying liquid manure secured by the person who has installed the facility for converting liquid manure.

[205] Nevertheless, around June 30, 2017, the Defendant collected the volume of 50 cubic meters produced from the resource recovery plant (200 cubic meters) to make the amount of the said D farm from the foregoing D farm, and distributed the Defendant’s 15 tons of raw materials to the Defendant’s 15 tons of rawls truck, instead of spraying the liquid manure that the Defendant secured.

[2018 Highest 437] Nevertheless, around December 26, 2017, the Defendant committed an act of spreading approximately approximately 40 cubic meters of the household volume produced from “D farm” to approximately 1,500 square meters, a place other than 178 square meters, such as Pyeongtaek-si G, which is a place where liquid manure is spraying.

Summary of Evidence

[2017 Highest 2295]

1. Statement by the defendant in court;

1. Each investigation report, report on the offender's place, and on-site photographs;

1. A report on the results of inquiry (2018 order 437);

1. Statement by the defendant in court;

1. Application of each investigation report, report on results of business trips, and statutes governing field photographs;

1. Article 50 subparagraph 11 of the Act on the Management and Use of Excreta and Article 17 (1) 5 of the same Act concerning facts constituting an offense, and selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been repeatedly committed several times, and the Defendant again committed a repeated crime during the period of repeated crimes, thereby choosing imprisonment to prevent recurrence. However, considering the scale of the crime and the overall circumstances faced by the Defendant, the Defendant shall be considered.