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(영문) 전주지방법원 2016.07.22 2016고단658

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in the business of providing Internet computer game facilities shall register with the head of a Si/Gun/Gu with the facilities prescribed by the Ordinance of the Ministry of Culture and Tourism.

Nevertheless, on April 28, 2016, the Defendant: (a) around 23:30, around 2016, the Defendant installed four computers at the above location, and provided an unspecified number of people with a cPC room located in the DaPC room located in the Jeonsan-si, Jeonju-si, and provided an unregistered game.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on control of public morals business (CPC room);

1. Report on internal investigation (related to cancellation of registration of CPC room);

1. The notification of the administrative disposition (Revocation of registration) for the business of providing Internet computer game facilities (CPC room);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 45 of the relevant Act on criminal facts and Articles 45 subparagraph 2 and 26 (2) of the Act on the Promotion of the Alternative Game Industry (Options of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. The basic area (referring to four months to October) of the sentencing criteria (the scope of the recommended punishment) shall be applied to the business without permission and registration;

2. There are instances where the Defendant recognized the instant crime in favor of the determination of sentence, the size of the game room operated by the Defendant is relatively small, and the Defendant has no record of being punished in excess of a fine.

The reason is that the Defendant repeatedly committed the instant crime even though he/she was punished by a fine twice for the same kind of crime, since he/she installed CCTV at the entrance of the instant game site and operated his/her business in the state of closing the door.

Article 51 of the Criminal Act that is shown in the records of this case, such as the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.