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(영문) 청주지방법원 제천지원 2016.11.24 2016고정102

게임산업진흥에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in a juvenile game providing business in violation of the Game Industry Promotion Act is registered with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, but on June 2015, the Defendant, without registering with the competent authority, installed a game machine and run a juvenile game providing business, such as setting up a juvenile game providing business in a manner that allows many and unspecified persons to use the game products, outside the D main shop located in Ycheon-si, 2015.

2. A person who violates the School Health Act shall not establish a game product in a school environmental sanitation and cleanup zone, but on February 2, 2016, the defendant installed one curno-5 game machine outside the Frante, Dolcheon E, a school environmental sanitation and cleanup zone.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the situation of control, etc.) and internal investigation report (report, etc. on the case of unregistered business);

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Subparagraph 2 of Article 45 and Article 26 (2) of the Act on the Promotion of Game Industry (hereafter referred to as "juvenile game providing business"), Article 19 (2) and Article 6 (1) 16 of the School Health Act concerning criminal facts (hereafter referred to as "school environmental sanitation and cleanup zone");

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and 50 of the Act on the Promotion of Game Industry due to Installation of Out-of-the-door Game in Incheon E, between violations of the School Health Act, and punishment prescribed for violations of the School Health Act, the nature of which is heavier);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the age, occupation, character and conduct of the defendant.