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(영문) 춘천지방법원 2016.03.17 2015고정422

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. From early May 2015 to May 23:00 on May 21, 2015, the Defendant: C’C, operated by the Defendant in the Gangseo-gun Hongcheon-gun B, Hongcheon-gun, the Gu Party: (a) installed one unit of physical posters game machine in the Gu; and (b) displayed and kept the same in order to provide the use of an unspecified number of customers who found the place.

The Defendant displayed and stored the Master Game which was not classified as such, in order to provide customers with the service of using the Master Game.

2. From early May 2015 to May 23:00 on May 21, 2015, the Defendant: (a) installed one unit of a video-spug game machine with rating classification and one unit of a video-spug 6 game machine; and (b) attached a device for converting the body-spug game without rating classification for each game machine into a body-spug game.

The Defendant exhibited and kept game products different from the content of the rating classification in order to provide customers with service for use.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Application of statutes on site photographs;

1. Article 44(1)2 of the relevant Act on criminal facts and Article 44(1)1 of the Act on the Promotion of the Alternative Game Industry (hereinafter referred to as the “Game Industry Act”), Article 32(1)4 of the Act (which is displayed and kept for the purpose of providing game water not classified as the rating), Article 45 Subparag. 4 of the Game Industry Act, and Article 32(1)2 of the Act (which is exhibited and kept for the purpose of providing game water different from the game water classified as the rating), the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 44 (2) of the Act on Confiscation of the Game Industry;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to sentencing of the Criminal Procedure Act, is going against the confession of each of the instant crimes, and the Defendant is running for a long period of time for each of the instant crimes.